R v Wilson

The appeal concerned the sentencing of the appellant, R, by the Supreme Court of South Australia. The dispute arose from the sentencing orders made on 16 November 2016 and the subsequent order made on 23 March 2017 revoking a home detention order. The matter was heard by Kourakis CJ, Parker and Hinton JJ.

The legal issues before the Full Court were whether the sentencing discretion had miscarried and, if so, what the appropriate sentence should be. The Court was required to determine the correct head sentence and non-parole period, and how periods of home detention should be accounted for in the final sentence.

The Court found that the sentencing discretion had miscarried and proceeded to re-sentence the appellant. The parties agreed that the period of time spent in custody prior to sentencing should be deducted from the sentence imposed. The Court varied the sentence imposed on 16 November 2016 by substituting a head sentence of two years and three months with a non-parole period of 16 months. The order revoking the home detention order was also varied to reflect this new sentence, with the periods of compliant home detention to be counted as part of the term of the sentence.