Event and Time
Event Description
- Two offenders, Baroch and Ater, committed a series of offences over a two-week period in July 2019.
- Baroch's offences included armed robbery, intentionally causing injury, and theft.
- Ater's offences included multiple robberies, thefts, intentionally causing injury, carjacking, handling stolen goods, and obtaining property by deception.
- Six separate incidents were involved, with the most serious offences committed jointly by Baroch and Ater.
Application and Claims
- Baroch contended his sentence for intentionally causing injury (3 years and 9 months) was manifestly excessive and challenged the 6-month differential compared to Ater's sentence (3 years and 3 months).
- Ater claimed her sentence was manifestly excessive and argued that the judge failed to consider the cancellation of her visa and the consequent risk of deportation, thus increasing the harshness of her imprisonment.
Judicial Decisions
- Baroch’s appeal was refused as his sentence was deemed moderate given the gravity of his offence.
- Ater’s application was granted, resulting in a reduction of her sentence based on the oversight regarding her visa cancellation and deportation risks.
Dispute Points and Legal Basis
Dispute Points
- Baroch's Arguments:
- Sentence perceived as manifestly excessive. - Argues lack of reasonable basis for differing sentences between him and Ater. - The serious nature of the injury caused to the victim during the attack.
- Ater's Arguments:
- Claim of manifestly excessive sentence. - The impact of potential deportation due to visa cancellation was not adequately taken into account by the sentencing judge.
- Third Party Evidence:
- The sentencing judge reviewed six psychological reports and heard from two expert witnesses. - Considered comprehensive submissions from both the prosecution and defense.