Fejo v Sims & Anor

[2014] NTSC 9

Supreme Court of the Northern Territory

Built by Barristers,
For Australian Law.

1. Criminal Law
2. › APPEAL
3. › APPEAL AGAINST SENTENCE
1. Stealing
2. › shoplifting
3. › maximum penalty five years’ imprisonment
4. › sentence of seven days was neither manifestly excessive nor contrary to principle
5. › relevant prior criminal record for stealing
6. › offence committed during operational period of a suspended sentence for stealing
7. › no extenuating circumstances
8. › appeal dismissed
1. Criminal Law
2. › APPEAL
3. › APPEAL AGAINST RESTORATION OF SUSPENDED SENTENCE
1. Requirement under s 43(7) of Sentencing Act that suspended sentence be restored unless unjust
2. › fresh offending of the same nature
3. › no material disparity between the fresh offending and the sentence to be restored
4. › no error shown in exercise of magistrate’s discretion
5. › appeal dismissed