Chatfield v Rhynehart

[2008] ACTSC 47

Supreme Court of the ACT

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Interrogate

Catchwords

1. Criminal Law
2. › Sentencing
3. › Appeal against sentence
4. › Non-conviction order
5. › Whether Magistrate erred in declining to make non-conviction order
6. › Whether sentence manifestly excessive
7. › Crimes (Sentencing) Act 2005 (ACT), s 17
1. Appeal
2. › Standard of appellate review
3. › Appeal from exercise of sentencing discretion
4. › House v The King principles
5. › Whether error in exercise of discretion demonstrated

Quick Take

A Magistrate's assessment of the weight to be given to an offender's age in the context of s 17 of the Crimes (Sentencing) Act 2005 (ACT) is a matter of discretion, and a remark that the offender's age does not predominate in the overall assessment does not of itself constitute appellate error under House v The King.