Mackley v R 12 March 2008

The applicant was sentenced to total effective head sentence of seven years imprisonment with a non-parole period of four years and six months following his pleas of guilty to two counts of assault committed with circumstances of aggravation namely; the victim was threatened with an offensive weapon (extendable baton). The
applicant was sentenced to four years imprisonment on each count with one year of the sentence on count 2 to be served concurrently with the sentence on count 1. A coaccused Grivell was also sentenced at the same time and also sought leave to appeal
against the sentence imposed on him. It was necessary for the applicant to seek an extension of time in which to apply for leave to appeal.

The proposed grounds were that the sentencing judge erred:

1. In failing to give sufficient weight to the principle of totality by “over accumulating” counts 1 and 2.

2. In failing to fully take into account time spent in custody by the applicant for the offence prior to being sentenced.

3. In the imposition of a non-parole period which exceeded the statutory minimum of fifty percent.

4. In imposing a sentence which was manifestly excessive in all of the
circumstances of the offence and the offender.

The applications were not opposed by the Crown.

The appeal was heard on 15 May 2008 together with the appeal of the co-offender Grivell. The court delivered its decision on 22 April 2008. See under Decisions for a further note of the case.