On appeal against sentence under Part VI of the Justices Act (NT) where no fresh evidence is admitted, the Supreme Court will not substitute its own sentence unless first satisfied the Magistrate erred in the exercise of sentencing discretion, such as by imposing a manifestly excessive sentence. The approach in Messel v Davern is confined to conviction appeals. Appellants alleging manifest excessiveness must place current tariff information before the Court. For youthful first offenders, reformation is the dominant sentencing consideration and practicable alternatives to imprisonment must be explored before a custodial sentence is imposed.
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