A good behaviour bond for blackmail (s 100A Crimes Act 1900) is manifestly inadequate where the offence involved planning, a demand for $300,000, and no remorse, even accounting for prior good character. However, the CCA's residual discretion may be exercised to dismiss a Crown appeal where the offender suffers from Major Depressive Disorder with high suicide risk, such that imprisonment would pose an unacceptable risk to life. The availability of summary jurisdiction for a Table 1 offence is a relevant but not dominant consideration in sentencing; it does not entitle the offender to a discount as of right.
The full text is available to signed-in members, including the 16 later cases that cite this judgment.
2 of the 16 citing cases carry a classified treatment. How each court treated it is available to signed-in members.