IN THE COURT OF CRIMINAL APPEAL OF SOUTH AUSTRALIA
DOYLE, CJ, OLSSON and WILLIAMS, JJ
CATCHWORDS:
Criminal law - jurisdiction, practice and procedure - judgment and punishment.
Sentence - prosecution appeal against sentence - principles applicable to Crown appeal against sentence - respondent pleaded guilty to six counts of rape, two counts of indecent assault and two counts of burglary - unusual case - full and frank confession.
Strong remorse - good signs of rehabilitation - whether sentencing judge erred in application of totality principle - whether sentence wholly inadequate - whether reasonable member of public would regard sentence as inadequate - appeal allowed. Criminal Law (Consolidation Act) S352; Criminal Law (Sentencing) ActS18A, referred to. Everett v The Queen (1994) 184 CLR
195; Malvaso v The Queen (1989) 168 CLR 227; Griffiths v The Queen (1977) 137 CLR 293; R v Osenkowski (1982) 30 SASR 212; R v Dorning (1981) 27 SASR 481; R v Nixon (1993) 66 A Crim R 83; R v Knight (1981) 26 SASR 573; The Queen v Rossi (1988) 142 LSJS 451; Rumble v R (1977) 87 A Crim R 550; The Queen v Bird
(1987) 9 Cr App R(S) 77; The Queen v Lane (1996) 188 LSJS 93; Mill v The Queen
(1988) 166 CLR 59, applied. Arnold v The Queen (1996) 71 FCR 117; The Queen v Smith & Shoesmith (1983) 32 SASR 219, considered.
HEARING:
ADELAIDE, 19 February 1998 (hearing) 20 March 1998 (decision)
#DATE 20:3:1998
Appearances:
Appellant:
Counsel: Mr P Rofe QC
Solicitors: DPP (SA)
Respondent:
Counsel: Ms A Vanstone QC
Solicitors: Mr J Ibbotson
ORDER: appeal allowed.
DOYLE CJ
This is an application by the Director of Public Prosecutions for leave to appeal against a sentence imposed by a Judge of this Court.
The relevant facts and the relevant circumstances are set out in the reasons of Olsson J. I will not repeat them.
I agree with the decision of Olsson J, and with the substance of his reasons. There are a few matters on which I wish to add some remarks.
An unusual case
The facts set out in the reasons of Olsson J show that this is a quite unusual case. First, because of the number and seriousness of the offences to which the respondent pleaded guilty. Each offence was of a serious type. Each of them was, in my opinion, attended by circumstances that made it a relatively serious instance of its type. In particular, the entry into private homes at night, for the purpose of offending, adds to the gravity of the offences in the cases in which that was a feature of the offence. These are offences which cause considerable public alarm. The victim impact statement show that, years later, some of the victims still suffer serious adverse affects from the offences. Secondly, the case is unusual because the offending conduct continued over a prolonged period of time. The respondent had plenty of time, along the…
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- AGLC
- R v Major [1998] SASC 6569
- Case
- [1998] SASC 6569
- Decision Date
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Orders
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