Deng v The King (No 2)

In *Deng v The King (No 2)*, the appellant, Ms. Deng, appealed against a sentence imposed by the District Court. The appeal concerned the appropriate sentence for Ms. Deng, with particular consideration given to her personal circumstances and the potential impact of imprisonment on her and her children. The matter was heard by Livesey P, Doyle J, and Bleby J.

The central legal issue before the Court was whether the original sentence of imprisonment was appropriate, or if an alternative sentencing order, specifically a home detention order, should be substituted. This required the Court to assess the appellant's personal circumstances, including her mental health and the needs of her children, in determining the most just and effective sentence. The Court also had to consider its power to substitute a different sentence on appeal.

The Court reasoned that the appellant's mental health frailty, coupled with the significant hardship her children would face if she were to be imprisoned and they were required to move to Adelaide, strongly supported the imposition of a home detention order. The Court concluded that the District Court sentence should be set aside. On re-sentence, the Court ordered that the imprisonment term be reduced to three years, five months, and eight days, with a non-parole period of 15 months and eight days. Crucially, the Court ordered that this sentence be served by way of home detention at a specified address, with conditions allowing the appellant to work and assist with her children's schooling. The home detention order was to commence immediately.