Green v The Queen

In *Green v The Queen*, the appellant, Green, appealed against a sentence of two years' imprisonment imposed by the District Court of South Australia for an aggravated assault. The assault involved Green throwing a knife at a child. The appeal was heard by Riley CJ, Kelly and Hiley JJ of the Supreme Court of South Australia.

The central legal issue before the Full Court was whether the sentence of two years' imprisonment was manifestly excessive, thereby justifying appellate intervention. This required the Court to consider the principles of sentencing applicable to aggravated assault, particularly where the victim is a child and a dangerous weapon is involved, and to assess whether the sentencing judge had erred in their assessment of the relevant factors.

The Court affirmed that the sentencing judge had properly taken into account the gravity of the offence, noting the inherent danger and terror involved in throwing a knife at a child. The principles of deterrence, punishment, and rehabilitation were considered, with an emphasis on the need to protect the community and denounce such violent conduct. The Court found that the sentence reflected an appropriate balancing of these considerations and was not outside the range of a reasonable sentence for the offence committed.

Consequently, the appeal was dismissed, and the sentence of two years' imprisonment was upheld.