R v Wilson

This matter concerned an appeal against sentences imposed on the respondent, Mr Wilson, by a judge of the Supreme Court. The appeal was heard by Gray, David and Peek JJ of the Supreme Court of South Australia.

The legal issues before the Full Court were whether the sentences imposed were within the judge's discretion and proportionate to the respondent's crimes, and whether the judge erred in making a declaration that the respondent was a serious repeat offender.

The Court found that the sentences, including the order for partial concurrency, were within the sentencing judge's discretion and proportionate to the offences. However, the Court determined that the judge lacked the power to make a serious repeat offender declaration because the judge had not formed the opinion that the protection of the public necessitated a sentence different from that which would have been imposed under ordinary sentencing principles.

Accordingly, the appeal against the sentences was dismissed, but the appeal against the serious repeat offender declaration was allowed, and the declaration was set aside.