R v FORREST (No 2)

The Court of Criminal Appeal of South Australia, constituted by Kourakis CJ, Kelly and Lovell JJ, considered an appeal against sentence in the matter of *R v Forrest (No 2)*. The appeal concerned the appropriate sentence to be imposed following a conviction.

The central legal issue before the Court was the extent of its powers to review and potentially alter a sentence imposed by a lower court. Specifically, the Court had to determine whether the original sentence was manifestly excessive or otherwise vitiated by error, thereby justifying appellate intervention.

The Court's reasoning focused on the principles governing appellate review of sentencing. It affirmed that an appellate court should only interfere with a sentence if it is demonstrably wrong, meaning it is outside the bounds of a reasonable exercise of the sentencing judge's discretion. This involves considering the gravity of the offence, the circumstances of the offender, and the sentencing objectives, including deterrence, rehabilitation, and punishment. The Court applied these principles to the facts of the case to assess whether the original sentence met the threshold for appellate intervention.