A sentence will only be manifestly excessive if it is 'wholly outside the range' for offending of the relevant gravity, having regard to the offender's circumstances including criminal history.
Youth, intellectual disability (IQ of 69), risk of institutionalisation, and hardship in custody do not render a sentence manifestly excessive where the offending is grave, the offender has an extensive criminal history including prior convictions for the same type of offence, and prior leniency including suspended sentences and CCOs has been breached almost immediately. The danger of institutionalisation, while 'obviously troubling,' does not make a four-year aggregate sentence for armed robbery wholly outside the range in such circumstances.
No headnote yet — we'll generate the full structured AI headnote for you.
Generate the headnoteFree trial · no card required
Legal principles extracted from this case
Free trial — no card required
Cases considered by Poidevin v The Queen
Cases that have considered Poidevin v The Queen
Judicial Consideration (Chronological)