R v Hayes

In the matter of the appeal by Hayes against his sentence, the applicant had pleaded guilty to charges of going armed in order to cause fear and common assault. The court was tasked with determining whether the sentence imposed was within the permissible range for the type of offences committed. Hayes had committed the offences while on probation for earlier similar offences, and at the time of his sentence, he had eight outstanding summary charges and was already in custody. The sentencing judge reduced the sentence by one fifth of the time spent on remand, considering that the applicant was dealing with two of the ten charges for which he was in custody. Hayes was ultimately sentenced to a total of seven and a half months in actual custody.

The central legal issue was whether the head sentence imposed was outside the permissible range for this type of offending. Hayes argued that the sentence was manifestly excessive and disproportionate to the nature of the offending and his circumstances. The court considered the principles of sentencing, including the need for punishment and deterrence, as well as the principle that the sentence should be proportionate to the gravity of the offence and the offender’s circumstances. The court also considered the fact that Hayes was in custody at the time of sentencing, and the reduction in sentence for time spent on remand.

The court found that the sentence imposed was indeed outside the permissible range for the type of offending in question. The court noted that the offences were relatively minor and that Hayes’s criminal history, while concerning, did not warrant such a lengthy sentence. The court also highlighted that Hayes was already in custody at the time of sentencing, and the reduction for time spent on remand was insufficient to bring the sentence within the permissible range. The court allowed the appeal and varied the parole release date to 5 August 2008, on the condition that Hayes report within 24 hours to the Queensland Corrective Services Parole Service.