SUPREME COURT OF SOUTH AUSTRALIA
(Magistrates Appeals: Criminal)
CRAILL v POLICE
[2016] SASC 168
Judgment of The Honourable Justice Stanley
4 November 2016
APPEAL AND NEW TRIAL - APPEAL - GENERAL PRINCIPLES - INTERFERENCE WITH DISCRETION OF COURT BELOW - IN GENERAL - GENERAL PRINCIPLES - FUNCTIONS OF APPELLATE COURT - GENERALLY
CRIMINAL LAW - SENTENCE - SENTENCING ORDERS - NON-CUSTODIAL ORDERS - SUSPENDED SENTENCE OF IMPRISONMENT - BREACH OF CONDITIONS OF SUSPENSION AND SENTENCE FOLLOWING BREACH
CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - GROUNDS FOR INTERFERENCE - SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE
CRIMINAL LAW - SENTENCE - PURPOSE OF SENTENCE - DETERRENCE
Appeal against sentence.
The appellant pleaded guilty to five counts of contravention of a term of an intervention order contrary to s 31(2) of the Intervention Orders (Prevention of Abuse) Act 2009 (SA) and one count of aggravated assault contrary to s 20(3) of the Criminal Law Consolidation Act 1935 (SA).
The appellant was also sentenced in relation to a number of other matters, namely, five counts of breaching bail and four counts of contravening an intervention order. In addition, the appellant admitted to breaching a bond to be of good behaviour for a period of 12 months and confirmed an interim police intervention order.
The magistrate sentenced the appellant to a term of imprisonment for five months and two weeks. The magistrate ordered that the appellant enter a bond to be of good behaviour for a period of 18 months after serving two months of the sentence of imprisonment.
The appellant appeals on the grounds that the magistrate erred in the application of s 18A of the Criminal Law (Sentencing) Act 1988 (SA); the magistrate erred in relation to the factual basis of the plea; the magistrate erred in failing to find that there were no proper grounds to refrain from revoking a suspended sentence; the magistrate erred in failing to have regard or significant regard to the complainant’s attitude toward penalty; the magistrate erred in failing to consider the full range of sentencing options; the magistrate erred in failing to suspend the entire term of the sentence of imprisonment; and the sentence is manifestly excessive.
The appeal is also two days out of time. There is no opposition to the grant of an extension of time within which to institute the appeal.
Held, per Stanley J:
1. Extend the time within which to institute the appeal (at [55]).
2. Dismiss the appeal (at [55]).
Intervention Orders (Prevention of Abuse) Act 2009 (SA) s 31(2); Criminal Law Consolidation Act 1935 (SA) s 20(3); Criminal Law (Sentencing) Act 1988 (SA) s 11, s 18A, s 58(1), (3) , s 38; Bail Act 1985 (SA) s 17(1), referred to.
House v The King (1936) 55 CLR 499; Markarian v The Queen (2005) 228 CLR 357; R v Kreutzer (2013) 118 SASR 211; R v Major (1998) 70 SASR 488; R v Symonds [1999] SASC 217; R v Buckman
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- AGLC
- Craill v Police [2016] SASC 168
- Case
- [2016] SASC 168
- Decision Date
CaseChat Overview and Summary
The appeal raised issues concerning the principles governing appellate review of sentences. Craill contended that the sentence was manifestly excessive, taking into account the need for deterrence and the need to impose a sentence that was appropriate to the seriousness of the offence. Craill submitted that the sentence was inadequate because it did not reflect the seriousness of the offences and because the Court of Appeal had failed to properly consider the relevant sentencing principles. The appeal required the Court to determine whether the sentence was manifestly excessive and whether the County Court had erred in its approach to sentencing.
The Court of Appeal held that the sentence was not manifestly excessive. The appeal against sentence had been brought outside the time limits prescribed by statute, but the Court exercised its discretion to extend the time limit. The Court found that Craill's argument concerning deterrence was misplaced, and that Craill had not established that the sentence was manifestly excessive. The Court held that the County Court had properly considered the principles of sentencing and had not erred in imposing the sentence.
The Court of Appeal dismissed the appeal against sentence. The Court extended the time limit for the appeal to be instituted. The Court held that the sentence imposed by the County Court was not manifestly excessive and that Craill had not established that the sentence was inadequate. The appeal was dismissed.
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