Clarke v The Queen

This matter concerned a criminal appeal against sentence brought by the appellant, Clarke, against the respondent, The Queen. The appeal was heard by the Court of Criminal Appeal of South Australia, constituted by Thomas, Riley and Southwood JJ.

The primary legal issues before the Court were whether the sentences imposed on the appellant for two separate indictments were manifestly excessive, and whether there was a justifiable sense of grievance arising from the difference between the appellant's sentence and that of a co-accused.

The Court found that while there was a clear difference between the appellant and his co-accused, this did not automatically give rise to a justifiable sense of grievance regarding their respective sentences. The sentencing judge had given sufficient regard to the appellant's prospects of rehabilitation. However, the Court determined that the sentence imposed on the first indictment was not manifestly excessive. Conversely, the sentence imposed on the second indictment was found to be manifestly excessive.

Consequently, the appeal was allowed in part, with the sentence on the second indictment being set aside.