DAVIES v The Queen (No 2)

Case

[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.
Details

Areas of Law

  • Criminal Law

  • Evidence

Legal Concepts

  • Appeal

  • Sentencing

  • Intention

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Cases Citing This Decision

1

Cases Cited

1

Statutory Material Cited

1

R v Kench [2005] SASC 85