The aboriginal appellant appealed his sentence of 30 months' imprisonment for breaching the alcohol abstention condition of his long-term supervision order.
The appellant argued the sentence was unfit, the judge misapprehended evidence, denied enhanced pre-sentence custody credit, and failed to adequately consider his aboriginal status.
The Court of Appeal dismissed the appeal, finding that protection of the public was paramount given the appellant's history of violent offences while intoxicated, and that his aboriginal status did not warrant a reduction in this specific context.