The Queen v O'Brien

The Court of Criminal Appeal was asked to review a sentence imposed on O'Brien, who had been convicted of manslaughter. The Crown sought leave to appeal against the sentence of four months imprisonment imposed on O'Brien, arguing that it was manifestly inadequate. The Court was required to decide whether the sentence was indeed manifestly inadequate and, if so, what an appropriate sentence would be. The Court considered the principles governing appellate review of sentences and noted that it should only interfere if the sentencing judge was in error in acting on a wrong principle or in misunderstanding or wrongly assessing some salient feature of the evidence. The Court also noted the importance of imposing a sentence that serves as a strong general deterrent not only to the individual involved but also to other potential offenders. The Court concluded that the sentencing judge had placed too much emphasis on the youth of the respondent and had failed to give sufficient weight to the need to impose a sentence which would have a deterrent effect. The Court allowed the appeal, quashed the original sentence, and substituted a sentence of 12 months imprisonment. The Court also confirmed the order disqualifying O'Brien from holding or obtaining a driver's licence for a period of three years.