Lord v The Queen
Case
•
[2021] SASCA 122
•20 October 2021
Details
AGLC
Case
Decision Date
Lord v The Queen [2021] SASCA 122
[2021] SASCA 122
20 October 2021
CaseChat Overview and Summary
The applicant, Lord, sought leave to appeal against a sentence imposed by the sentencing judge. The appeal concerned the severity of the sentence, with the applicant arguing it was manifestly excessive.
The central legal issue before the Court was whether the sentencing judge erred in imposing the sentence, specifically whether it was demonstrably too severe given the circumstances of the offence and the applicant's history. The Court was required to consider whether the sentence was outside the bounds of what a reasonable sentencing judge could impose.
In its reasoning, the Court noted that the applicant's comparisons with other cases, such as *R v Kohlhagen*, were unpersuasive. The Court highlighted that such comparisons often focused on non-parole periods while overlooking the impact of serious repeat offender provisions. Furthermore, the Court observed that direct comparisons between cases are difficult due to differing circumstances. Ultimately, the Court concluded that the applicant had not raised any issue of principle or any reasonably arguable contention that the sentence was manifestly excessive.
Accordingly, the Court refused permission for leave to appeal and dismissed the appeal.
The central legal issue before the Court was whether the sentencing judge erred in imposing the sentence, specifically whether it was demonstrably too severe given the circumstances of the offence and the applicant's history. The Court was required to consider whether the sentence was outside the bounds of what a reasonable sentencing judge could impose.
In its reasoning, the Court noted that the applicant's comparisons with other cases, such as *R v Kohlhagen*, were unpersuasive. The Court highlighted that such comparisons often focused on non-parole periods while overlooking the impact of serious repeat offender provisions. Furthermore, the Court observed that direct comparisons between cases are difficult due to differing circumstances. Ultimately, the Court concluded that the applicant had not raised any issue of principle or any reasonably arguable contention that the sentence was manifestly excessive.
Accordingly, the Court refused permission for leave to appeal and dismissed the appeal.
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
Actions
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Citations
Lord v The Queen [2021] SASCA 122
Cases Citing This Decision
0
Cases Cited
5
Statutory Material Cited
1
R v WILLIAMS
[2015] SASCFC 66
R v McIntyre
[2020] SASCFC 101
R v Kohlhagen
[2016] SASCFC 19