Refojos v The The Queen

In the case of Refojos v The Queen, the appellant was convicted in the Local Court of driving a vehicle during a period of disqualification, possessing a knife without reasonable excuse, and driving off after an accident. The respondent appealed the severity of the sentence imposed by the Local Court, arguing that the court had failed to take into account the appellant's pre-sentence custody and that the duration of the interlock disqualification order (ICO) was excessive. The appeal was heard by the District Court of New South Wales.

The primary legal issues before the court were whether the Local Court had correctly assessed the appellant's pre-sentence custody and the appropriate length of the ICO. The court considered whether the Local Court had failed to adequately account for the appellant's pre-sentence custody and whether the ICO's duration was disproportionate to the nature of the offending. The court also examined whether the ICO was permitted by statute to commence after the expiration of the custodial sentence.

The District Court found that the Local Court had not adequately taken into account the appellant's pre-sentence custody. The court noted that the Local Court had not considered the length of time the appellant had spent in custody before sentencing, which was a relevant factor in determining the severity of the sentence. The court also found that the ICO imposed by the Local Court was too lengthy given the nature of the offending. The District Court held that the ICO was not permitted by statute to commence after the expiration of the custodial sentence. Consequently, the court reduced the ICO's duration and adjusted the sentences accordingly.

The final orders of the court were that the appellant's sentence was quashed, and the matter was remitted to the Local Court for re-sentencing. The court ordered that the appellant's sentence for driving during a period of disqualification be reduced to 12 months imprisonment with a non-parole period of six months. The court also ordered that the appellant's sentence for possessing a knife without reasonable excuse be reduced to six months imprisonment with a non-parole period of three months. The court further ordered that the ICO be reduced to six months, to commence immediately following the appellant's release from custody.