The appellant appealed a sentence imposed by the trial judge, who had departed from a joint submission by refusing to grant credit for pre-trial custody due to the appellant's criminal record.
The Court of Appeal held that the trial judge erred in law, as the proposed sentence in the joint submission was not contrary to the public interest and would not bring the administration of justice into disrepute.
The appeal was allowed, and the sentence was varied to three years minus 106 days of pre-trial custody credit.
