Slater v The Queen

The appeal concerned the sentencing of the appellant, Slater, who appealed against the sentences imposed by the Supreme Court of the Australian Capital Territory. The appellant had pleaded guilty to a range of offences including ride/drive motor vehicle without consent, theft, damage motor vehicle, assault, aggravated robbery, and attempted aggravated robbery.

The primary legal issues before the Court of Appeal were whether the sentencing judge had given insufficient weight to various sentencing considerations. These included the totality principle, the sentences imposed on co-offenders, the appellant's age at the time of the offences, and the discount afforded for his guilty pleas. The appellant also contended that the sentencing judge had improperly considered materials not before the court.

The Court of Appeal considered the statutory regime in the ACT, specifically sections 33 and 35 of the *Crimes (Sentencing) Act 2005* (ACT), which govern relevant sentencing considerations and reductions for guilty pleas. The court noted that the appellant's guilty pleas were not entered early in the proceedings, and the sentencing judge had found the Crown's case to be strong, even overwhelming. Consequently, a 10% discount for the guilty pleas was considered appropriate, as a greater reduction would be unreasonable given the strength of the prosecution's case. The court found no error in the sentencing judge's approach to the totality principle or the other grounds of appeal.

The appeal was dismissed.