Rubino v The Queen

The appeal in *Rubino v The Queen* concerned a sentence imposed on the respondent for aggravated burglary, theft, and breach of a good behaviour order. The appeal was heard by Refshauge, Burns and Ross JJ of the Supreme Court of the Australian Capital Territory.

The central legal issue before the Court was whether the sentence imposed was manifestly excessive, particularly in light of the assistance the respondent had provided to the police and considerations of parity with other offenders.

The Court considered the principles governing appeals against sentence, including the limited grounds on which an appellate court will interfere with a sentencing judge's discretion. It weighed the objective seriousness of the offences against mitigating factors such as the respondent's cooperation with authorities and the need for consistency in sentencing. The Court ultimately found that the sentence was not demonstrably excessive when all relevant factors were taken into account.

Consequently, the appeal was dismissed.