R v Stansborough

The appellant, R v Stansborough, appealed against a sentence imposed by the court below. The appellant had pleaded guilty to aggravated intentionally causing harm, contrary to section 24(1) of the *Criminal Law Consolidation Act 1935* (SA), with the aggravating circumstance being the use of a knife. He was sentenced to four years and six months' imprisonment with a non-parole period of two years and six months. The sole ground of appeal was that the sentence was manifestly excessive.

The legal issue before the Full Court of the Supreme Court of South Australia was whether the sentence of four years and six months' imprisonment, with a non-parole period of two years and six months, for aggravated intentionally causing harm involving the use of a knife, was manifestly excessive.

The Court, comprising Sulan, Peek, and Nicholson JJ, dismissed the appeal. The Court reasoned that comparisons with sentences in other cases are of limited assistance due to the inherent variability of individual circumstances. The sentencing court's function is to determine an appropriate sentence by considering section 10 of the *Criminal Law (Sentencing) Act 1988* (SA) and all relevant factors. The Court emphasised that general and personal deterrence are significant considerations in sentencing for violent offences committed in public places, particularly when weapons like knives are involved. The sentence imposed was found to be well within the appropriate range and was neither unreasonable nor unjust.