TB v The Queen

The appeal concerned a young offender, TB, who was convicted of various drug offences committed between June and October 2016, when TB was aged 16 and 17. The sentencing judge imposed a head sentence of detention, which was suspended under the *Youth Justice Act*. The appeal was heard by Grant CJ, Southwood J, and Mildren AJ.

The legal issues before the court included whether the sentencing judge had erred in imposing a sentence that was manifestly excessive, particularly in relation to the totality of the offending. The court also considered whether there was any power to restore a sentence held in suspense under the relevant legislation and whether the appellant had been denied procedural fairness regarding her prospects of rehabilitation.

The Court of Appeal found that the sentence imposed for the single count of supplying less than a commercial quantity of methamphetamine was manifestly excessive, and consequently, the total head sentence was also excessive. The court determined that there was no power under the *Youth Justice Act* to restore a sentence that had been suspended. Furthermore, the court found no failure on the part of the sentencing judge to consider the principle of totality, nor any failure to accord procedural fairness in relation to the appellant's prospects of rehabilitation.

The appeal was allowed, and the appellant was resentenced.