Maher v The Queen

Case

[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.
Details

Areas of Law

  • Criminal Law

Legal Concepts

  • Appeal

  • Sentencing

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Cases Citing This Decision

1

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