R v Honeyman

This matter concerned an appeal against sentence by the appellant, R v Honeyman, before the Full Court of the Supreme Court of South Australia, comprising Kourakis CJ, Kelly and Hinton JJ. The appeal challenged the severity of the sentence imposed by the sentencing judge for offences committed on 16 November 2017.

The central legal issue before the court was whether the sentence imposed was manifestly excessive. In determining this, the court was required to consider the appellant's criminal history, including prior convictions for illegal use of a motor vehicle and dishonesty offences, as well as the fact that the current offences were committed while the appellant was on bail and subject to a suspended sentence. The court also had to assess whether the sentencing judge had given appropriate weight to the appellant's personal circumstances, such as his mental health deterioration and drug misuse, and whether these factors provided an excuse or merely an explanation for his offending.

The court applied established principles for assessing manifest excess in sentencing, referencing the approach outlined in *R v Morse* and *Hili v The Queen*. These principles require a sentence to be viewed in light of the maximum penalty, customary sentencing standards for the crime, the seriousness of the conduct relative to similar offences, and the offender's personal circumstances. The court noted that the sentencing judge had appropriately considered the appellant's mental health as an explanation but not an excuse for his actions. The court also considered the legislative intent behind amendments to penalties for illegal use of a motor vehicle, which aimed to increase their severity to be comparable with larceny.

Ultimately, the court concluded that, in all the circumstances, the sentence imposed was not manifestly excessive. The appellant's criminal history, the commission of offences while on bail and suspended sentence, and his failure to respond to previous leniency, weighed against any further reduction in sentence.