Ross v Commissioner of Police

In the matter of Ross versus the Commissioner of Police, the appellant sought to appeal his sentence. The appellant had pled guilty to one count of serious assault. The sentence imposed was 7 months imprisonment, with a parole release date fixed at 2 months, being 11 July 2015, allowing for 2 days pre-sentence custody. The appellant argued that the punishment imposed was manifestly excessive and that the sentence was not just in all the circumstances.

The legal issue before the court was whether the punishment imposed was manifestly excessive and whether the sentence imposed was just in all the circumstances. The court considered the nature of the offence, the circumstances in which it was committed, the appellant's criminal history, and the need for the sentence to reflect the community's condemnation of the offence. The court also considered the appellant's guilty plea and remorse.

The court found that the sentence imposed was not manifestly excessive. The court noted that the appellant had a criminal history and that the assault was committed in the heat of the moment, but still involved a degree of premeditation. The court found that the sentence reflected the seriousness of the offence and the need for general deterrence. The court also found that the sentence was just in all the circumstances, taking into account the appellant's guilty plea and remorse.

The appeal was dismissed, and the original sentence was upheld.