The appellant appealed a 12-month sentence imposed for failure to comply with a probation order and failure to comply with a recognizance.
The breaches involved possessing internet-capable devices in violation of orders prohibiting such possession, which were imposed following the appellant's second conviction for possession of child pornography.
The appellant argued the sentence was outside the proper range as it was his first breach and he was not a long-term offender, and that he did not download illegal material.
The Court of Appeal upheld the sentence, finding the offences were flagrant, planned, deliberate, and occurred shortly after release.
The court found no errors in law or principle and determined the sentence was not demonstrably unfit.
