R v McPherson

The appeal concerned a sentence imposed on the appellant, who had been found guilty by a jury of aggravated serious criminal trespass in a place of residence and aggravated assault. The appellant was sentenced to four years' imprisonment with a non-parole period of 18 months, and a concurrent one-month sentence for a breach of bond. The appeal was heard by Justices Gray, Sulan, and Stanley.

The central legal issues before the appellate court were whether the sentencing judge had erred by refusing an application for an adjournment to obtain psychological reports concerning the appellant and his child, and consequently, whether the appellant had been denied procedural fairness. The court was also required to determine if all material relevant to sentencing had been before the court.

The appellate court found that the sentencing discretion had miscarried. It held that the refusal of the adjournment denied the appellant the opportunity to present relevant personal information to the court, thereby impacting procedural fairness. The court concluded that the matters contained within the psychological reports indicated a need for the appellant to be resentenced.

The appeal was allowed, and the matter was remitted to the trial judge for resentencing.