Hughes v The King
Case
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[2024] SASCA 110
•9 September 2024
Details
AGLC
Case
Decision Date
Hughes v The King [2024] SASCA 110
[2024] SASCA 110
9 September 2024
CaseChat Overview and Summary
In *Hughes v The King*, the appellant, Hughes, appealed against a sentence imposed by the District Court. The respondent, The King, did not oppose an extension of time for the appellant to seek permission to appeal against sentence, nor did it oppose the granting of such permission.
The Court was required to determine whether to grant the appellant an extension of time to apply for permission to appeal against sentence, whether to grant permission to appeal, and if so, whether the appeal against sentence should be allowed and the existing sentence set aside.
The Court granted the appellant an extension of time to apply for permission to appeal against sentence, and subsequently granted permission to appeal. The appeal was allowed, and the sentence imposed on 23 June 2023 was set aside. The matters were remitted to the District Court for re-sentencing, with directions for the parties to confer and liberty to apply concerning the terms of the remission.
The Court was required to determine whether to grant the appellant an extension of time to apply for permission to appeal against sentence, whether to grant permission to appeal, and if so, whether the appeal against sentence should be allowed and the existing sentence set aside.
The Court granted the appellant an extension of time to apply for permission to appeal against sentence, and subsequently granted permission to appeal. The appeal was allowed, and the sentence imposed on 23 June 2023 was set aside. The matters were remitted to the District Court for re-sentencing, with directions for the parties to confer and liberty to apply concerning the terms of the remission.
Details
Key Legal Topics
Areas of Law
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Criminal Law
Legal Concepts
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Appeal
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Sentencing
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Remedies
Actions
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Citations
Hughes v The King [2024] SASCA 110
Cases Citing This Decision
0
Cases Cited
7
Statutory Material Cited
0
Da Silva v The Queen
[2020] SASCFC 66
Burgoyne v The King
[2024] SASCA 61
R v Carbone
[2012] SASCFC 34