DAVIES v The Queen (No 2)
Case
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[2021] SASCA 44
•14 May 2021
Details
AGLC
Case
Decision Date
DAVIES v The Queen (No 2) [2021] SASCA 44
[2021] SASCA 44
14 May 2021
CaseChat Overview and Summary
The applicant, Davies, sought leave to appeal against a sentence imposed by a sentencing judge. The specific nature of the offence for which the sentence was imposed is not detailed in the provided text, but it pertains to offences against the person, specifically sexual offences. The appeal was heard by the Court.
The central legal issues before the Court were whether the sentencing judge erred in concluding that there was no evidence of genuine remorse from the applicant, and whether the applicant's personal circumstances or other matters raised in argument justified a lower head sentence or non-parole period.
The Court reasoned that it was open to the sentencing judge to find a lack of genuine remorse, implying that the evidence presented did not support such a finding. Furthermore, the Court determined that the applicant's personal circumstances and the arguments advanced were insufficient to warrant a reduction in the head sentence or the non-parole period. Consequently, the Court refused permission to appeal.
The central legal issues before the Court were whether the sentencing judge erred in concluding that there was no evidence of genuine remorse from the applicant, and whether the applicant's personal circumstances or other matters raised in argument justified a lower head sentence or non-parole period.
The Court reasoned that it was open to the sentencing judge to find a lack of genuine remorse, implying that the evidence presented did not support such a finding. Furthermore, the Court determined that the applicant's personal circumstances and the arguments advanced were insufficient to warrant a reduction in the head sentence or the non-parole period. Consequently, the Court refused permission to 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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Intention
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Most Recent Citation
Morgan (a pseudonym) v The King [2025] SASCA 31