Maher v The Queen
Case
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[2022] SASCA 54
•15 June 2022
Details
AGLC
Case
Decision Date
Maher v The Queen [2022] SASCA 54
[2022] SASCA 54
15 June 2022
CaseChat Overview and Summary
In *Maher v The Queen*, the applicant sought leave to appeal against a sentence imposed by a sentencing judge. The specific grounds for appeal related to the alleged manifest excessiveness of the sentence.
The central legal issue before the Court was whether the sentencing judge had erred in the exercise of their discretion by imposing a sentence that was manifestly excessive. This required the Court to consider the totality of the sentence in light of the relevant sentencing principles and the circumstances of the offence.
The Court concluded that it was not reasonably arguable that the sentence imposed was manifestly excessive. The Court found no error in the sentencing judge's exercise of discretion. Accordingly, the Court refused the application for leave to appeal.
The central legal issue before the Court was whether the sentencing judge had erred in the exercise of their discretion by imposing a sentence that was manifestly excessive. This required the Court to consider the totality of the sentence in light of the relevant sentencing principles and the circumstances of the offence.
The Court concluded that it was not reasonably arguable that the sentence imposed was manifestly excessive. The Court found no error in the sentencing judge's exercise of discretion. Accordingly, the Court refused the application for leave to 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
Maher v The Queen [2022] SASCA 54
Most Recent Citation
Schatto v The King [2022]] SASCA 129
Cases Cited
4
Statutory Material Cited
1
R v Lyberopoulos
[2017] SASCFC 139
R v Young
[2016] SASCFC 102
Da Silva v The Queen
[2020] SASCFC 66