Criminal Lawyers Melbourne

In order to succeed on an appeal against sentence to a superior Australian court, one potential argument is manifest excess. This case involved development of an appropriate test to deal with the resolution of that issue as a matter of law. The Western Australian Court of Appeal held that it was necessary to provide particulars of the way in which manifest excess is alleged.

See http://www.austlii.edu.au/au/cases/wa/WASCA/2005/225.html.