Bugmy v The Queen

Criminal law – Appeal – Prosecution appeal against sentence – Where sole ground of appeal manifest inadequacy – Where appellate court increased offender's sentence – Whether finding of manifest inadequacy required before discretion to vary sentence enlivened.

Criminal law – Sentence – Principles – Relevance of deprived background of Aboriginal offender – Application of Fernando (1992) 76 A Crim R 58 – Whether effect of social deprivation diminishes with time and repeat offending – Whether social deprivation has same mitigatory effect for all purposes of punishment – Whether courts should take into account unique circumstances of Aboriginal offenders and high rate of incarceration of Aboriginal Australians when sentencing Aboriginal offender – Whether approach to sentencing Aboriginal offenders in R v Gladue [1999] 1 SCR 688 and R v Ipeelee [2012] 1 SCR 433 should be followed.

Words and phrases – "deprived background", "Fernando considerations", "manifestly inadequate", "residual discretion".

Crimes (Sentencing Procedure) Act 1999 (NSW) – s 5(1).