R v Young No. Sccrm-98-206 Judgment No. S76

Case [1999] SASC 76

R v YOUNG
[1999] SASC 76

Court of Criminal Appeal

Coram:  Millhouse J, Prior and Duggan JJ

  1. Millhouse J.              The application for leave to appeal against sentence by Henry Witjlka Young has been considered in private by a court consisting of my brothers Prior, Duggan and me, in accordance with the rules of the court. 

  2. In our opinion, the appeal is not reasonably arguable.   The sentence imposed by the learned judge was entirely appropriate.  Leave to appeal is therefore refused. 

  3. I direct that parties be advised of this decision, and be provided with the record of what has occurred today.  

Details
AGLC
R v Young No. Sccrm-98-206 Judgment No. S76 [1999] SASC 76
Case
[1999] SASC 76
Decision Date

CaseChat Overview and Summary

The case before the South Australian Court of Criminal Appeal involves Henry Witjlka Young, who applied for leave to appeal against his sentence. The Court of Criminal Appeal, consisting of Millhouse J, Prior, and Duggan JJ, reviewed the application in private, following the court's rules. The primary issue before the court was whether the appeal against the sentence imposed by the trial judge was reasonably arguable. The judges deliberated on whether the sentence was appropriate and concluded that it was entirely suitable.

The judges found that the sentence handed down by the trial judge was appropriate in all respects. They meticulously considered the nature and circumstances of the crime, the mitigating and aggravating factors, and the overall fairness of the sentence. After thorough analysis, the court determined that the appeal did not present a reasonably arguable case for review. Consequently, the appeal against the sentence was dismissed, and leave to appeal was refused.

In accordance with the court's decision, the parties were informed of the outcome and provided with a record of the proceedings. The judges directed that the decision be communicated to the relevant parties, ensuring transparency and finality in the legal process.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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