The Court found the Local Court sentences of 4 months (death), 4 months and 3 months (serious harm) for three s 174FA Criminal Code hit-and-run offences were manifestly inadequate, with an appropriate aggregate sentence being 18 months after a 25% plea discount (starting point approximately 24 months). However, the appeal was dismissed in the exercise of the residual discretion because the respondent had completed a 4-month ICCO, remained subject to a suspended sentence operative until May 2027, posed no ongoing risk, and there had been significant delay. The Court held that where separate charges are brought for each person injured in a single incident, the sentencing court cannot also treat the number of victims as an aggravating factor on each charge, as this would risk double punishment contrary to Pearce v The Queen. The Court raised but expressly declined to resolve whether an ICCO can be ordered for part of a sentence with the remainder suspended under the current Sentencing Act (NT).
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