R v Jackamarra

The appeal concerned the sentencing of an appellant who had been convicted of escaping custody, two counts of aggravated robbery, aggravated causing harm with intent to cause harm, and three counts of illegal use. The appellant challenged the total sentence of 11 years and 10 months, arguing that the individual sentences were manifestly excessive and that the sentencing judge erred in making a declaration as a serious repeat offender under section 20B of the *Criminal Law (Sentencing) Act 1988*. A key legal issue was whether sentences of detention under the *Young Offenders Act 1993* qualified as "sentences of imprisonment" for the purposes of section 20A(3)(a) of the *Criminal Law (Sentencing) Act 1988*.

The Full Court of the Supreme Court of South Australia, with Vanstone J dissenting, allowed the appeal. The majority found that the sentencing judge had erred in making the serious repeat offender declaration. While acknowledging that the appellant's offending history, including adult convictions for serious offences, did enliven the discretion to consider such a declaration, the court determined that the declaration should not have been made in this instance. The reasoning focused on the purpose of the declaration, which is to warrant a particularly severe sentence to protect the community, and the consequences of such a declaration, particularly the mandatory non-parole period of four-fifths of the head sentence.

The court held that the individual sentences imposed were within the sentencing judge's discretion and that the total sentence was also appropriate. However, the error in making the serious repeat offender declaration necessitated a resentence. The appeal was allowed, the declaration was set aside, and the appellant was resentenced to nine years and six months imprisonment, with a non-parole period of six years and four months, deemed to have commenced on 10 October 2012. The majority did not find it necessary to definitively determine whether sentences of detention under the *Young Offenders Act 1993* qualified under section 20A(3)(a).