Midjumbani v Moore

[2009] NTSC 27

Supreme Court of the Northern Territory

Built by Barristers,
For Australian Law.

See how it works

Interrogate

Catchwords

1. Criminal Law
2. › Sentencing
3. › Mandatory sentencing
4. › Domestic violence order contravention
5. › Exception to mandatory imprisonment
6. › Whether 'particular circumstances of the offence' includes circumstances of the offender
7. › Domestic and Family Violence Act (NT), ss 120, 121, 122
1. Criminal Law
2. › Sentencing
3. › Mandatory sentencing
4. › Domestic violence order contravention
5. › Meaning of 'particular circumstances'
6. › Whether circumstances must be rare or exceptional
7. › Domestic and Family Violence Act (NT), s 121(3)
1. Criminal Law
2. › Sentencing
3. › Gender
4. › Whether gender alone should form basis of differential treatment in sentencing
5. › Sentencing Act (NT), s 5
1. Appeal
2. › Justices appeal
3. › Sentencing discretion
4. › Standard of appellate review
5. › Whether sentence manifestly excessive

Quick Take

The phrase 'particular circumstances of the offence' in s 121(3)(b) of the Domestic and Family Violence Act is to be given a wide interpretation that includes relevant circumstances of the offender, such as remorse, cooperation, and early plea, where those circumstances are closely connected to culpability. The test requires circumstances sufficiently noteworthy or out of the ordinary to warrant a non-custodial sentence, but not rare or exceptional. Gender alone does not form the basis of differential treatment in sentencing for DVO breaches.