On a Crown appeal against Drug Court final sentences, the CCA will assess the effective aggregate sentence rather than individual sentences in isolation, and the constraints in s 12(4) of the Drug Court Act 1998 (preventing final sentences exceeding initial sentences) apply equally to the appellate court. Delay by the Crown in instituting an appeal, resulting in the appeal being heard on the eve of the offender's release date, is a significant discretionary factor weighing against intervention, particularly where the offender has undertaken rehabilitation.
The full text is available to signed-in members, including the 1 later case that cites this judgment.