R v Murray

The applicant, Murray, appealed against the sentence imposed by the District Court, which found him guilty of assaulting a police officer in the execution of their duty. The offence was committed with the aggravating circumstance that Murray spat on the police officer. The District Court sentenced Murray to 15 months imprisonment, with release on parole after serving five months. Murray's appeal was predicated on the contention that the sentence was manifestly excessive. The Court of Appeal was required to consider whether the sentence imposed was disproportionate in light of the increased maximum penalty for the offence following an amendment to the Criminal Code in 2012.

The Court of Appeal was tasked with determining whether the sentence imposed by the District Court was manifestly excessive or inadequate. Murray argued that the sentence was manifestly excessive, particularly given the absence of any comparable sentencing decisions following the increase in the maximum penalty for the offence. The Court had to consider whether the sentence imposed was appropriate in all the circumstances, including Murray's age and the fact that he had a one-year-old child.

In determining the appeal, the Court of Appeal held that the sentence was manifestly excessive. The Court observed that the absence of any comparable sentencing decisions following the increase in the maximum penalty necessitated reference to earlier cases. The Court also considered Murray's age and the fact that he had a one-year-old child. The Court concluded that the sentence imposed was manifestly excessive and ordered that the sentence be set aside. The Court sentenced Murray to imprisonment for nine months, with the parole release date fixed at 7 October 2014.

The Court granted Murray's application for leave to appeal against sentence, allowed the appeal, set aside the sentence imposed by the District Court, and sentenced Murray to imprisonment for nine months with the parole release date fixed at 7 October 2014.