R v SCM

The applicant, SCM, was convicted upon his plea of guilty of one count of unlawful stalking with a circumstance of aggravation and 20 summary offences. SCM was sentenced to two years imprisonment for the stalking offence, with an additional six months imprisonment to be served cumulatively upon the two year term for the failure to appear in accordance with an undertaking. SCM also received concurrent sentences of one to six months imprisonment in relation to the other summary offences. SCM appealed against his sentence, contending it was manifestly excessive due to the imposition of the six month cumulative sentence for the failure to appear. The appeal was brought before the court which had to determine whether the sentence was manifestly excessive.

The court examined the sentencing principles and the relevant legislation to determine whether the sentence was manifestly excessive. The court noted that the sentence for the stalking offence was within the maximum penalty prescribed by law, and the cumulative sentence for the failure to appear was also within the maximum penalty for that offence. The court also considered the cumulative effect of the sentences and whether they were manifestly excessive having regard to the circumstances of the case. The court concluded that the sentence for the stalking offence was not manifestly excessive, but the cumulative sentence for the failure to appear was manifestly excessive.

The application for leave to appeal was granted and the appeal was allowed to the extent of setting aside the sentences imposed on 8 December 2015 for the offences of unlawful stalking and failing to appear in accordance with an undertaking. In lieu thereof, the following sentences were imposed: (a) a sentence of two and a half years for the offence of unlawful stalking, with a declaration that 236 days spent in pre-sentence custody be taken to be time served under that sentence; (b) a conviction is recorded but no further punishment is imposed for the failing to appear; (c) it is ordered that the applicant be released on parole on 22 January 2016 in lieu of 16 February 2016; and (d) otherwise confirm the sentences imposed by the sentencing judge.