R v Chesterman

Case

[2017] SASCFC 31

12 April 2017


Details
AGLC Case Decision Date
R v Chesterman [2017] SASCFC 31 [2017] SASCFC 31 12 April 2017

CaseChat Overview and Summary

The applicant, R, appealed against a sentence imposed by a sentencing judge for sexual offences. The appeal was heard by Kelly, Parker and Doyle JJ.

The primary legal issue before the Full Court was whether the sentence imposed by the sentencing judge was manifestly excessive or inadequate, thereby justifying interference on appeal.

The Court, in allowing the appeal, determined that the original sentence was inappropriate. While not interfering with an intervention order made by the sentencing judge, the Court set aside the imposed sentence and substituted it with a sentence of seven years and three months imprisonment, including a non-parole period of four years. This sentence was backdated to 1 June 2015.
Details

Areas of Law

  • Criminal Law

  • Statutory Interpretation

Legal Concepts

  • Appeal

  • Sentencing

Actions
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Most Recent Citation
R v Naime [2005] NZCA 134

Cases Citing This Decision

9

R v BERRY [2024] SASCA 116
Cases Cited

8

Statutory Material Cited

1

Malvaso v the Queen [1989] HCA 58
Everett v the Queen [1994] HCA 49