When a suspended sentence is activated and the offender seeks an extension of time to appeal the original sentence, the Court will consider not only the merits and the practical reality that the full implication of a suspended sentence may not be appreciated until imprisonment, but also the principle of finality, the need to avoid a two-staged approach to sentencing, and the impact on public confidence in suspended sentences. Counsel has a duty to raise all relevant sentencing arguments at the original hearing and cannot hold appeal points in reserve. Stealing from the person under s 94 Crimes Act 1900 is a variant of robbery, not larceny, and reference to violence during the stealing does not breach the De Simoni principle.
The full text is available to signed-in members, including the 48 later cases that cite this judgment.
17 of the 48 citing cases carry a classified treatment. How each court treated it is available to signed-in members.