R v Young

The appeal concerned the sentencing of the respondent, R, by a judge of the District Court. The Crown appealed against the sentences imposed, arguing they were manifestly inadequate. The appeal was heard by the Full Court of the Supreme Court of South Australia.

The legal issues before the Full Court were whether the sentences imposed for drug trafficking, blackmail, and attempting to pervert the course of justice were manifestly inadequate, and if so, what sentences should be imposed. The court was required to consider the appropriate application of concurrent and cumulative sentences, and the commencement date for the sentences and non-parole periods.

The Full Court allowed the Crown's appeal. The court reasoned that the original sentences did not adequately reflect the seriousness of the offences, particularly the trafficking offences and the attempt to pervert the course of justice. The court applied principles of sentencing that favour cumulative sentences for distinct offences, especially where one offence involves an attempt to undermine the administration of justice. The court also determined that the sentences and non-parole period should be backdated to the date of the respondent's apprehension.

The Full Court set aside the original sentences and imposed new sentences: four years and six months imprisonment for the primary trafficking offences, seven months and one week concurrently for another trafficking offence, twelve months and three weeks cumulatively for the blackmail offence, and eight months and two weeks cumulatively for the attempt to obstruct justice. A non-parole period of three years and six months was fixed, with all sentences and the non-parole period to commence from 10 December 2014.