Cromb v The King; Pay v The King
Case
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[2024] SASCA 8
•8 February 2024
Details
AGLC
Case
Decision Date
Cromb v The King; Pay v The King [2024] SASCA 8
[2024] SASCA 8
8 February 2024
CaseChat Overview and Summary
In *Cromb v The King* and *Pay v The King*, the applicants appealed against their sentences imposed by the sentencing judge. The appeals concerned the severity of the sentences and the sentencing judge's decision not to suspend them, particularly in light of the applicants' status as members of a terrorist organisation.
The central legal issues before the court were whether the sentences imposed were manifestly excessive, whether there were good reasons to suspend the sentences, and whether the principle of parity with co-offenders or other related offenders warranted a different outcome. The court was required to consider the sentencing judge's exercise of discretion in light of these grounds of appeal.
The court acknowledged the matters raised by the applicants but ultimately found that the sentences, and the refusal to suspend them, fell within the proper exercise of the sentencing judge's discretion. The court did not identify any error in the sentencing process that would justify interference on appeal.
Permission to appeal was granted to both applicants, but their appeals were dismissed.
The central legal issues before the court were whether the sentences imposed were manifestly excessive, whether there were good reasons to suspend the sentences, and whether the principle of parity with co-offenders or other related offenders warranted a different outcome. The court was required to consider the sentencing judge's exercise of discretion in light of these grounds of appeal.
The court acknowledged the matters raised by the applicants but ultimately found that the sentences, and the refusal to suspend them, fell within the proper exercise of the sentencing judge's discretion. The court did not identify any error in the sentencing process that would justify interference on appeal.
Permission to appeal was granted to both applicants, but their appeals were dismissed.
Details
Key Legal Topics
Areas of Law
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Criminal Law
Legal Concepts
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Appeal
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Sentencing
Actions
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Most Recent Citation
Attorney-General (SA) v Cromb [2024] SASC 116
Cases Citing This Decision
3
Mazomenos v The King; Sandell v The King; Pinnington v The King
[2025] SASCA 41
Walsh v The King
[2024] SASCA 146
Attorney-General (SA) v Cromb
[2024] SASC 116
Cases Cited
15
Statutory Material Cited
1
R v Alou (No 4)
[2018] NSWSC 221
Dui Kol v R
[2015] NSWCCA 150