A sentence for use of offensive instrument to prevent lawful apprehension (s 33B Crimes Act 1900) of 12 months penal servitude was manifestly inadequate where the offender had an appalling prior record of alcohol-related assaults on police and committed the offence while on a recognizance for a similar offence. The case reaffirms that subjective circumstances, including intoxication and personal hardship, cannot be permitted to overcome the necessity to denounce such conduct and serve general deterrence.
The full text is available to signed-in members, including the 3 later cases that cite this judgment.