Carter v The King

The appellant, Carter, appealed against a sentence imposed by a judge of the District Court. The appeal concerned the sentence for the offence of prejudicing the safe operation of an aircraft, contrary to section 10 of the *Aircraft Offences Act*. The appellant sought to adduce further evidence on appeal and contended that the sentence imposed was manifestly excessive.

The legal issues before the Full Court of the Supreme Court of South Australia were whether the sentencing judge erred in their approach to the appellant's financial hardship and loss, and whether the sentence was otherwise manifestly excessive. A further issue was whether the appellant should be permitted to adduce further evidence on the appeal.

The Court considered the decision in *R v Baldetti*, which involved a similar offence of prejudicing the safe operation of an aircraft by shining a laser at a helicopter. In *Baldetti*, the Court of Appeal emphasised the paramount importance of general deterrence in such cases, noting that despite the spontaneous nature of the offending, it was deliberate and extremely dangerous, with the potential for fatal consequences. The Court in *Carter* found that the sentencing judge had not erred in their approach to the appellant's financial hardship or loss, nor had they misplaced reliance on *Baldetti*. The Court concluded that general deterrence was a significant factor that outweighed personal circumstances in this type of offending.

The Court granted permission to appeal but dismissed the appeal against sentence.