R, JM v Police

The case of *R, JM v Police* involved three appeals against sentences imposed by the Youth Court of South Australia. The first appeal concerned a suspended sentence of 10 months detention for 38 offences, imposed by a Magistrate using the power under s 18A of the *Criminal Law (Sentencing) Act 1988* (SA). The second and third appeals related to a sentence imposed by a Judge of the Youth Court for offences committed later in 2010, specifically challenging the Judge's decision not to reduce the length of a suspended sentence.

The central legal issues before the Full Court of the Supreme Court of South Australia were whether subsection 31(4) of the *Criminal Law (Sentencing) Act 1988* (SA) indicated a legislative intention that sentences of imprisonment imposed on a youth by the Youth Court should not be cumulative or reflect a cumulative approach, and whether s 18A of the Act could be used to circumvent this prohibition. The appellant also contended that s 31 of the Act was the sole source of power to impose a cumulative sentence.

The Court dismissed all three appeals. It reasoned that the appellant's propositions regarding the legislative intent against cumulative sentences and the exclusive power under s 31 could not be sustained. The Court examined the history of sentencing at common law, noting that cumulative sentences were permissible for misdemeanours, as demonstrated in *R v Wilkes*. This historical context, along with the relevant legislative provisions, led the Court to conclude that the appellant's interpretation of the Act was incorrect.

The Court ordered that all three appeals be dismissed.