Calabrese v The Queen

Case

[2022] SASCA 65

7 July 2022


Details
AGLC Case Decision Date
Calabrese v The Queen [2022] SASCA 65 [2022] SASCA 65 7 July 2022

CaseChat Overview and Summary

In *Calabrese v The Queen*, the appellant, Calabrese, appealed against a sentence imposed by the Supreme Court of South Australia. The appeal concerned the severity of the sentence and the availability of sentencing options such as suspension or home detention.

The central legal issue before the Full Court of the Supreme Court of South Australia was whether the original sentence was manifestly excessive or inadequate, and whether there were "good reasons" to suspend the sentence or order it to be served on home detention, as provided for under the *Sentencing Act 2017* (SA).

The Court reasoned that while the offending was serious, precluding suspension or home detention, a lengthy period on parole would likely assist the appellant's rehabilitation. Consequently, the Court granted leave to appeal, set aside the original sentence, and imposed a new sentence of imprisonment for four years and nine months, with a non-parole period of two years and four months, both commencing on 17 December 2021.
Details

Areas of Law

  • Criminal Law

  • Evidence

Legal Concepts

  • Appeal

  • Sentencing

  • Charge

Actions
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Cases Citing This Decision

3

Stewart v The King [2023] SASCA 126
Stewart v The King [2023] SASCA 126
Cases Cited

16

Statutory Material Cited

1

Ndreka v The Queen [2021] SASCA 11
R v Mustac [2013] SASCFC 21
FV v The Queen [2006] NSWCCA 237