The appellant appealed his 18-month custodial sentence for driving while disqualified.
He had an extensive criminal record but also significant mental health challenges and a history of trauma.
The Court of Appeal found the sentencing judge erred in principle by treating the appellant's lack of remorse as an aggravating factor and by concluding, without evidence, that he had breached a prior conditional sentence.
Given the appellant's positive progress on bail, his engagement in treatment, and the hardship incarceration would cause his family, the Court allowed the appeal and substituted an 18-month conditional sentence followed by 12 months of probation.
