Cameron Malcolm Graham v Brian David Miller No. SCGRG 93/1115 Judgment No. 4040 Number of Pages 5 Criminal Law Sentencing

In the Supreme Court of South Australia, Cameron Malcolm Graham appealed against his sentencing by a Special Magistrate. The appellant was convicted of breaking and entering, and larceny, and was sentenced to six months' imprisonment. The appeal contested the refusal of the learned Special Magistrate to suspend the sentence of imprisonment. The appellant, aged nineteen, participated in a break-in at Woodcroft Foodland shop, where he and others stole 75 cartons of cigarettes. The Special Magistrate emphasized the need for general deterrence but did not adequately consider the appellant's age and prospects of rehabilitation. The court found the Special Magistrate erred in placing undue emphasis on general deterrence and failing to consider the appellant's age and rehabilitation prospects. The appeal was allowed, and the sentence was suspended upon the appellant entering into a bond to be of good behaviour for two years.