Thompson v Young

In the case of Thompson v Young, the appellant, Thompson, sought to appeal his sentencing on the grounds that the sentencing judge failed to properly evaluate all sentencing options available to him. The matter was heard in the Supreme Court of the Australian Capital Territory. The appeal centred on two separate assault convictions, the first occurring on 11 April 2006, and the second on 29 April 2007. The appellant was originally sentenced for the first assault and his sentence was re-evaluated following the second assault conviction.

The legal issues at the core of the appeal were whether the sentencing judge was required to properly evaluate all sentencing options available under section 108(4) of the Crimes (Sentencing Administration) Act 2005 (ACT), and whether the sentence imposed was proportionate to the offence charged. The appellant contended that the sentencing judge did not consider all available sentencing options and that the sentence imposed was excessive and disproportionate.

The court found that the sentencing judge did not properly evaluate all sentencing options available and that the sentence imposed was disproportionate to the offence charged. The court held that the Crimes (Sentencing) Act 2005 (ACT) applies to re-sentencing in the same way that it applies to the sentencing of an offender on the conviction of the relevant offence. The court found that the appellant should have been given the opportunity to undertake counselling for alcohol abuse and violence issues, which would have been a more appropriate sentence in the circumstances.

The appeal was allowed and the appellant was re-sentenced for both assaults. He was ordered to enter a good behaviour order for a period of 12 months in his own recognisance in the sum of $500.00, and during that period, he was to be subjected to supervision on probation by the Director of ACT Corrective Services or the Director’s delegate and obey all reasonable directions of each of those persons, including undertaking counselling for alcohol abuse and violence issues. The same conditions were imposed in respect of the second assault.