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Hudson v The Queen [2020] ACTCA 46

appeal against sentence — 2 counts of using carriage service in a way that reasonable persons would regard as being harassing offence contrary to s 474.17(1) of Commonwealth Criminal Code — additional state offences — original sentence imposed 4 years’ and 2 months imprisonment with a 33 month non-parole period — manifest excess non-parole period — s 19AC — because two offences Commonwealth offences, and because aggregate sentences for these offences was less than 3 years, not open to sentencing judge to set single non-parole period applicable to all offences encompassing both Commonwealth and Territory offences — re-sentence — there may well have been a strong argument offender had been dealt with leniently — court can see no basis upon which sentences could be described as plainly unjust — no different aggregate head sentence should be imposed — rehabilitation — s 16A(2)(n) — since original sentence imposed offender appears to have continued to immerse themselves in courses with apparent aim of self-betterment, including specific steps to address their tendency to violence and improve their prospects of rehabilitation — imposed 4 years and 2 months’ imprisonment with a 30 month non-parole period
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