Ras v Commissioner of Police (No.1)

Ras was convicted and fined for breaching a Domestic Violence Order. The Commissioner of Police appealed against the sentence, claiming it was manifestly excessive. Ras appealed against the conviction, arguing it was unsafe and unsatisfactory. The Full Court of the Federal Court heard both appeals. The legal issues were whether the conviction was unjust and whether the sentence was inappropriate. The court held that the conviction was lawful, as there was sufficient evidence to support it. However, the sentence was excessive. The court noted that the penalty for breaching a Domestic Violence Order is a maximum of two years imprisonment, but the sentence in this case was for one year. The court found that the sentence was manifestly excessive and granted the appeal in respect of the sentence. The conviction remained, and the sentence was reduced to a fine.

The court emphasised that the penalty for breaching a Domestic Violence Order is a serious matter, but the sentence must be proportionate to the offence. The court considered the factors relevant to sentencing, such as the seriousness of the breach, the need for deterrence, and the circumstances of the offender. The court held that the sentence in this case was disproportionate and not in line with the principles of sentencing for Domestic Violence Orders. The appeal against the conviction was dismissed, but the appeal against the sentence was granted. The sentence was reduced to a fine.