R v Humbles
Case
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[2014] SASCFC 91
•13 August 2014
Details
AGLC
Case
Decision Date
R v Humbles [2014] SASCFC 91
[2014] SASCFC 91
13 August 2014
CaseChat Overview and Summary
The appeal concerned the convictions and sentence of the respondent, Humbles, for murder. The appeal was heard by Gray, Peek, and Stanley JJ.
The court was required to determine whether the convictions for murder were sound, and if so, whether the sentence imposed, specifically the non-parole period, was appropriate. The grounds for appeal against sentence likely related to the court's consideration of factors such as the offender's age and contrition, and the overall proportionality of the sentence.
The court dismissed the appeal against the convictions, indicating that the jury's verdict was not to be disturbed. However, the appeal against sentence was allowed. The court reasoned that the original non-parole period was not appropriate and proceeded to re-fix it. In doing so, they made due allowance for various matters, including the respondent's status as a young offender and any demonstrated contrition.
The court set aside the original non-parole period and imposed a new period of 17 years, backdated to 5 March 2014, after accounting for time already spent in detention.
The court was required to determine whether the convictions for murder were sound, and if so, whether the sentence imposed, specifically the non-parole period, was appropriate. The grounds for appeal against sentence likely related to the court's consideration of factors such as the offender's age and contrition, and the overall proportionality of the sentence.
The court dismissed the appeal against the convictions, indicating that the jury's verdict was not to be disturbed. However, the appeal against sentence was allowed. The court reasoned that the original non-parole period was not appropriate and proceeded to re-fix it. In doing so, they made due allowance for various matters, including the respondent's status as a young offender and any demonstrated contrition.
The court set aside the original non-parole period and imposed a new period of 17 years, backdated to 5 March 2014, after accounting for time already spent in detention.
Details
Key Legal Topics
Areas of Law
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Criminal Law
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Evidence
Legal Concepts
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Charge
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Intention
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Sentencing
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Appeal
Actions
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Citations
R v Humbles [2014] SASCFC 91
Most Recent Citation
R v Cullen [2015] SASCFC 44
Cases Cited
17
Statutory Material Cited
1
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[2014] QCA 94
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[2014] QCA 94
Gillard v The Queen
[2003] HCA 64