Ryan v The King

Ryan appealed against the sentence imposed by the County Court of Victoria, contending that the total effective sentence of 31 months' imprisonment was manifestly excessive and that the sentencing judge had failed to take into account the extra-curial punishment he had already suffered. Ryan was convicted of obtaining a financial advantage by deception from the Commonwealth. The sentence imposed was 31 months' imprisonment, to be served concurrently with a two-year sentence for a related offence. Ryan was released after 12 months upon entering into a recognisance of $2,500. Ryan’s argument regarding extra-curial punishment was based on the fact that information about his offending had been shared publicly, causing him reputational damage. The appeal was heard by the Victorian Court of Appeal.

The primary issues before the court were whether the total effective sentence was manifestly excessive and whether the sentencing judge had failed to take into account the extra-curial punishment. The court noted that the sentencing judge had considered the extra-curial punishment by taking into account the public notoriety of Ryan’s offending and its impact on his reputation. The court held that there was no basis to moderate the sentence on these grounds. The court also considered whether the total effective sentence was manifestly excessive, but found that it was within the range of sentences that could be considered appropriate for the offence.

The court held that Ryan’s appeal should be dismissed. The total effective sentence was not manifestly excessive, and the sentencing judge had adequately taken into account the extra-curial punishment in the form of reputational damage. The public notoriety of Ryan’s offending and its impact on his reputation had already been considered by the sentencing judge, and there was no basis to moderate the sentence on this ground. The court also noted that Ryan had already served 12 months of his sentence before being released on recognisance. The appeal was dismissed, and Ryan’s sentence of 31 months’ imprisonment, to be served concurrently with a two-year sentence for a related offence, stood.