R v Chesterman
Case
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[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.
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
Key Legal Topics
Areas of Law
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Criminal Law
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Statutory Interpretation
Legal Concepts
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Appeal
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Sentencing
Actions
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Citations
R v Chesterman [2017] SASCFC 31
Most Recent Citation
R v Naime [2005] NZCA 134
Cases Citing This Decision
9
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Cases Cited
8
Statutory Material Cited
1
R v Van Gelder No. Sccrm-02-333
[2003] SASC 98
Malvaso v the Queen
[1989] HCA 58
Everett v the Queen
[1994] HCA 49