Millwood v The King

Case

[2024] SASCA 84

28 June 2024


Details
AGLC Case Decision Date
Millwood v The King [2024] SASCA 84 [2024] SASCA 84 28 June 2024

CaseChat Overview and Summary

In *Millwood v The King*, the appellant sought leave to appeal against a sentencing order made by the sentencing judge. The appeal concerned the imposition of a sentence of imprisonment and the conditions attached to its suspension.

The central legal issue before the court was whether the original sentencing judge had erred in imposing the sentence, and specifically, whether there were good reasons to wholly suspend the appellant's sentence of imprisonment. The court was required to consider whether the sentence imposed was manifestly excessive or inadequate, and whether the conditions attached to the suspended sentence were appropriate.

The court reasoned that a suspended sentence, when properly structured with appropriate conditions, constitutes a real and significant penalty. Applying this principle, the court determined that there were good reasons to wholly suspend the appellant's ten-month and five-day sentence of imprisonment, backdated to 3 May 2024. This suspension was made conditional upon the appellant entering into an 18-month good behaviour bond. The bond included specific terms requiring supervision, attendance at family and domestic violence or anger management courses as directed, and abstention from drug and alcohol consumption. The court also noted that an earlier intervention order remained unaffected by its decision.
Details

Areas of Law

  • Criminal Law

  • Statutory Interpretation

Legal Concepts

  • Appeal

  • Sentencing

  • Remedies

Actions
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Most Recent Citation
Size v The King [2024] SASCA 122

Cases Citing This Decision

3

Hird v The King [2025] SASCA 104
Brooks v The King [2025] SASCA 88
Size v The King [2024] SASCA 122
Cases Cited

26

Statutory Material Cited

0

R v Harris [2023] SASCA 129
R v Bahrami [2020] SASCFC 111
R v Nedza [2013] SASCFC 142