The Court of Appeal refused leave to appeal against a total effective sentence of 2 years and 9 months for carjacking and related offences, holding the sentence was moderate and within range despite the applicant's 23-hour-a-day lockdown on remand. The Court noted the sentencing judge was entitled to accord only 'some weight' rather than 'significant weight' to onerous custodial conditions where no evidence was adduced explaining why the applicant was in a management unit, and that a weight-based complaint is almost always untestable under a manifest excess ground per DPP v Terrick. The question whether and to what extent a prisoner may claim a sentencing benefit for exceptionally punitive custodial conditions — left open in R v Males and Yat v The King — remains unresolved, with the Court reiterating it should be determined by a Bench of three.
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