Thor Kristiansen v Robert Campbell Young

Thor Kristiansen has appealed against the sentence imposed on him by Magistrate Lalor for assault and possession of an offensive weapon with intent, contending that it was manifestly excessive, that the Magistrate did not take into account relevant mitigating factors, and that the Magistrate did not obtain a pre-sentence report before sentencing him. The appeal was heard by Penfold J in the Supreme Court of the Australian Capital Territory. The legal issues before the court were whether the sentence imposed by the Magistrate was manifestly excessive, whether the Magistrate failed to take into account relevant mitigating factors, and whether the Magistrate erred by not obtaining a pre-sentence report before sentencing the appellant. The court found that the appellant had not demonstrated any error on the part of the sentencing Magistrate, and that the substantive aspects of his appeal must be dismissed. However, the court will hear further submissions on the re-sentencing required. The court dismissed the appeal except to the extent required to re-sentence the appellant. The court will hear submissions on re-sentencing.