Murphy (N) v R 3 November 2004

The applicant was sentenced in the Darwin Supreme Court to a total effective sentence of 4 years and 3 months imprisonment with a non-parole period of 2 years and 4 months following his pleas of guilty to

(i) unlawful entry of a dwelling with intent to commit aggravated assault, (ii) unlawful assault upon a female causing bodily harm, and (iii) unlawful assault of a police officer causing bodily harm.

The applicant sought leave to appeal against severity of sentence on the grounds that the sentencing judge erred -

• in failing to give sufficient weight to the potential for rehabilitation contained in the proposal put to the court for the applicant’s conditional early release,

• in placing undue weight on comment made in the pre-sentence report relating to the writer’s opinion of the applicant’s attitude towards the general community,

• in imposing a head sentence which was manifestly excessive in all the circumstances and the case and of the applicant, and

• in imposing a non-parole period which was manifestly excessive in all the circumstances of the case and of the applicant.

The applicant did not apply to have his application reheard by the Court of Criminal Appeal pursuant to s.429(2) of the Criminal Code.