Rendic v The Queen
Case
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[2021] SASCA 23
•29 April 2021
Details
AGLC
Case
Decision Date
Rendic v The Queen [2021] SASCA 23
[2021] SASCA 23
29 April 2021
CaseChat Overview and Summary
The appellant, Rendic, sought leave to appeal against a sentence imposed by a sentencing judge. The appeal concerned the severity of the custodial sentence and the non-parole period.
The legal issues before the Full Court of the Supreme Court of South Australia were whether the sentencing judge had erred in their approach to imposing the non-parole period and whether the starting point for the head sentence of five years imprisonment was outside the judge's discretion.
The Court, per Bleby JA (with Kelly P and Lovell JA agreeing), found that the sentencing judge had not violated any sentencing principles in determining the non-parole period. The Court held that the starting point of five years imprisonment was within the sentencing judge's discretion, considering all of the appellant's personal circumstances and the nature of the offending. Furthermore, the non-parole period, set at approximately 56 per cent of the head sentence, was considered merciful. Accordingly, the Court refused permission to appeal on the grounds raised and dismissed the appeal.
The legal issues before the Full Court of the Supreme Court of South Australia were whether the sentencing judge had erred in their approach to imposing the non-parole period and whether the starting point for the head sentence of five years imprisonment was outside the judge's discretion.
The Court, per Bleby JA (with Kelly P and Lovell JA agreeing), found that the sentencing judge had not violated any sentencing principles in determining the non-parole period. The Court held that the starting point of five years imprisonment was within the sentencing judge's discretion, considering all of the appellant's personal circumstances and the nature of the offending. Furthermore, the non-parole period, set at approximately 56 per cent of the head sentence, was considered merciful. Accordingly, the Court refused permission to appeal on the grounds raised and dismissed the appeal.
Details
Key Legal Topics
Areas of Law
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Criminal Law
Legal Concepts
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Appeal
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Sentencing
Actions
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Citations
Rendic v The Queen [2021] SASCA 23
Most Recent Citation
R v Liddy (No 2) [2002] SASC 306
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Cases Cited
28
Statutory Material Cited
1
Australian Building and Construction Commissioner v Construction, Forestry, Maritime, Mining and Energy Union (The Bendigo Theatre Case) (No 2)
[2018] FCA 1211
Harland-White v The Queen
[1998] TASSC 1
GAS v The Queen
[2004] HCA 22