R v Campbell; R v Fowler

The case of *R v Campbell; R v Fowler* concerned appeals against sentences imposed by a sentencing judge. Campbell appealed his sentence for aggravated assault causing harm, while Fowler appealed his sentence for aggravated assault causing harm and aggravated blackmail. The appeals were heard by Vanstone, Kelly, and Stanley JJ of the Supreme Court of South Australia, Court of Criminal Appeal.

The primary legal issues before the court were whether the sentencing judge erred in fixing the starting point for Campbell's sentence, and whether there was an unjustifiable disparity between the sentences imposed on Campbell and Fowler, particularly given Fowler's conviction for the more serious offence of aggravated blackmail. The court also considered the application of principles regarding the exercise of sentencing discretion and the parity between sentences of co-offenders.

The court reasoned that while a two-stage enquiry is required for certain sentencing orders, the sequence of addressing factors is not rigid. However, in Campbell's case, the court found the starting point of three years imprisonment for aggravated assault causing harm to be too high, especially considering his intellectual disability and the finding that Fowler initiated the assault. The court noted that Campbell's intellectual disability diminished the importance of deterrence and affected his culpability. Furthermore, the court observed a potential disparity in sentencing between Campbell and Fowler, given that Fowler received a sentence for both aggravated assault and aggravated blackmail, with the maximum penalty for blackmail being significantly higher. Despite the sentencing judge's error in arithmetic calculation for Fowler's sentence, the court determined that an independent exercise of discretion would likely result in the same sentence for Fowler.

In conclusion, the court granted Campbell permission to appeal, allowed his appeal, and set aside his sentence. Campbell was resentenced to two years and four weeks imprisonment, with a non-parole period of one year and two weeks. Permission to appeal was refused for Fowler, and his sentence was upheld.