R v Ross

In the case of R v Ross, the appellant was convicted of recklessly causing serious injury in an unprovoked attack upon the victim. The appellant appealed against his sentence on the basis that the order made pursuant to section 85B of the Sentencing Act 1991 (Vic) constituted the imposition of additional punishment. The case was heard in the Court of Appeal in Victoria.

The legal issue the court was required to decide was whether the order made pursuant to section 85B constituted the imposition of additional punishment. The court had to consider whether the order was proportionate to the offending, and whether it was manifestly excessive. The court also had to consider whether the appellant had limited financial means, which would impact the proportionality of the order.

The court found that the order made pursuant to section 85B was not the imposition of additional punishment, and that it was not manifestly excessive. The court noted that the appellant had a history of offending and had failed to comply with previous orders made under section 85B. The court also found that the order was proportionate to the offending, and that the appellant had not demonstrated that he had limited financial means. The appeal was dismissed.

The court did not make any orders in relation to the appeal. The conviction and sentence of the appellant remained unchanged.