An appeal under Division 3.10.2 of the Magistrates Court Act 1930 (ACT) is an appeal by way of rehearing requiring demonstration of error below, not a new trial — Fleury v Madden is no longer to be followed on this point. Deliberate use of chemical agents by police officers to punish detainees in custody is a matter of considerable seriousness requiring significant general deterrence, and a wholly suspended sentence for nine such offences over seven months is manifestly inadequate. When sentencing for multiple offences, a magistrate must consider individual sentences for each offence and then address questions of cumulation, concurrence and totality, giving reasons for the approach adopted.
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