23 November 2016

Appeal leads to increased sentence

The jail term imposed on a man who violently invaded a home has been increased following an appeal by the Director of Public Prosecutions.

DPP John Champion S.C. appealed the initial County Court sentence of three years and nine months’ imprisonment, with a non-parole period of two years and four months, imposed on Shane Scott Bowden on the basis that it was manifestly inadequate.

Bowden had pleaded guilty to one charge of aggravated burglary, two charges of recklessly causing injury and one charge of theft.

The Court heard Bowden, together with a female co-offender, broke into a house in the early hours of January 20 last year armed with a hunting knife, wearing camouflage clothing and night goggles. The co-offenders fought with the occupants, injured them and stole about $700.

The Court of Appeal today upheld the appeal and increased the sentence to five years and five months’ imprisonment, with a non-parole period of three years and six months.

The Court of Appeal described the aggravated burglary offence as “dangerous, frightening, and objectively serious”.

The Court said “such appeals by the Director are an essential part of ensuring that sentencing practice for an offence changes once this Court has decided that it should”, and “in this way the criminal justice system is properly to be viewed as self-correcting”.

For further information contact:

Anthony Loncaric 03 9603 2603