Schatto v The King

The appellant, Schatto, appealed against his conviction and sentence for an offence. The appeal was heard by the Full Court of the Supreme Court of South Australia, comprising President Livesey, Justice Doyle, and Justice David. The dispute concerned the legality of a search of a motor vehicle and the appropriateness of the sentence imposed.

The legal issues before the Court were whether the search of the former wife's motor vehicle was conducted unlawfully, and if so, whether the evidence obtained from that search should have been excluded. The Court was also required to determine whether the sentence imposed was manifestly excessive and, if so, what alternative sentence should be imposed.

The Court reasoned that the search of the motor vehicle was not conducted illegally, and therefore, the evidence obtained was admissible. However, the Court found that the sentence imposed was manifestly excessive. Applying section 96 of the Sentencing Act 2017 (SA), the Court determined there was good reason to suspend the sentence of imprisonment.

Consequently, the appeal against conviction was dismissed. Permission to appeal against sentence was granted, and the appeal against sentence was allowed. The original sentence was set aside and replaced with a suspended sentence of imprisonment, conditional upon the appellant entering into a bond to be of good behaviour for eighteen months. The new sentence and non-parole period were to commence on the date of the decision.