R v Lepore

The appeal concerned the sentence imposed on the appellant, who had pleaded guilty to indecent assault, two counts of aggravated assault, attempting to pervert the course of justice, and two counts of breach of bail. The sentencing judge had imposed a two-year and two-month term of imprisonment with a non-parole period of ten months, and declined to suspend the sentence. The appeal was heard by Sulan, Peek, and Blue JJ of the Full Court of the Supreme Court of South Australia.

The primary legal issues before the Full Court were whether to admit fresh evidence concerning the appellant's potential dementia or other mental impairment, and if admitted, how that evidence should influence the determination of the appeal against sentence. The Court was required to consider the principles governing the admission of fresh evidence on appeal and the weight to be given to such evidence in sentencing.

The Full Court determined that there was good reason to admit the fresh evidence regarding the appellant's mental state, noting that the admission of such evidence on appeal is a matter of broad discretion guided by principles that balance the public interest in the finality of litigation against the probability that the new material would have an important influence on the outcome. The Court reasoned that the fresh evidence, raising the possibility of dementia or mental impairment, was of significant relevance to sentencing. Consequently, the Court allowed the appeal, set aside the District Court sentence, and substituted a sentence of two years' imprisonment with a non-parole period of eight months. This substituted sentence was suspended on the appellant entering into a three-year good behaviour bond with specific conditions, including undertaking psychiatric or psychological treatment and residing at a specified address under supervision.