R v Faehrmann; R v Moore; R v Price-Austin

The Supreme Court of South Australia, constituted by Kourakis CJ, Blue and Nicholson JJ, considered appeals by R v Faehrmann, R v Moore, and R v Price-Austin. The appeals concerned the sentencing of the appellants for drug trafficking offences involving cannabis.

The central legal issue before the Court was whether the sentences imposed by the trial judge were manifestly excessive and, if so, what appropriate sentences should be substituted. This involved a re-evaluation of the head sentences and non-parole periods in light of the nature and circumstances of the offences and the relevant sentencing principles.

The Court found that the head sentence of six years and nine months for one of the appellants was manifestly excessive. In re-sentencing, the Court determined an appropriate starting point of imprisonment for six years and six months, which was then reduced to four years and ten months to account for a guilty plea. A non-parole period of two years and eleven months was fixed. For the other appellants, the Court allowed their appeals, set aside the original sentences, and imposed new terms of imprisonment and non-parole periods, some of which were to be served cumulatively on existing sentences or unexpired parole. All sentences and non-parole periods were backdated to commence on 1 November 2012.