› Extra-curial punishment — intensive management plan in custody
Criminal law
› Sentencing
› Assault on correctional officer — inherent seriousness
Criminal law
› Appeal
› Fresh evidence on appeal — reasonable explanation for failure to adduce — Local Court (Criminal Procedure) Act 1928 (NT) s 176A
Quick Take
1Administrative consequences of prison offending (such as placement on an intensive management plan) may be taken into account in sentencing as a matter of discretion; the sentencing judge is not required to characterise them as extra-curial punishment provided their effect on the offender is considered in the instinctive synthesis.
2Assaults on correctional officers performing their duties in a custodial setting are inherently serious, and the prison environment magnifies the gravity of the offending, warranting denunciation through a term of imprisonment even where the physical harm is minor.
3Under s 176A of the Local Court (Criminal Procedure) Act 1928 (NT), fresh evidence will not be admitted on appeal where the underlying information was available with reasonable diligence at the time of sentencing and no reasonable explanation for the failure to adduce it is provided, or where the evidence would not have afforded a ground for allowing the appeal.
