Daley v The King
Case
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[2023] SASCA 29
•21 March 2023
Details
AGLC
Case
Decision Date
Daley v The King [2023] SASCA 29
[2023] SASCA 29
21 March 2023
CaseChat Overview and Summary
In *Daley v The King*, the appellant sought to appeal against a sentence imposed by the court below. The appeal was heard by Livesey P and Nicholson J.
The primary legal issue before the Court was whether the sentence imposed upon the appellant was manifestly excessive or unjust, thereby providing grounds for appellate interference.
The Court acknowledged that the sentence might appear severe when considering the appellant's favourable personal circumstances. However, it concluded that the sentence did not reach the threshold of being manifestly excessive or unjust. The Court granted the appellant permission to appeal, finding the grounds reasonably arguable, but ultimately dismissed the appeal.
The primary legal issue before the Court was whether the sentence imposed upon the appellant was manifestly excessive or unjust, thereby providing grounds for appellate interference.
The Court acknowledged that the sentence might appear severe when considering the appellant's favourable personal circumstances. However, it concluded that the sentence did not reach the threshold of being manifestly excessive or unjust. The Court granted the appellant permission to appeal, finding the grounds reasonably arguable, but ultimately dismissed the appeal.
Details
Key Legal Topics
Areas of Law
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Criminal Law
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Evidence
Legal Concepts
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Appeal
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Sentencing
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Proportionality
Actions
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Citations
Daley v The King [2023] SASCA 29
Most Recent Citation
R v Harris [2023] SASCA 129
Cases Cited
18
Statutory Material Cited
1
Minister for Immigration and Citizenship v Li
[2013] HCA 18
Bugmy v The Queen
[2013] HCA 37
Chel v Fairfax Media Publications (No 6)
[2017] NSWSC 230