COURT IN THE SUPREME COURT OF SOUTH AUSTRALIA MULLIGHAN J
CWDS
Criminal law - sentencing - larceny - "shoplifting" - five prior offences of the same nature - sentence of imprisonment - previous bond estreated and sentence of imprisonment imposed - sentences to be served cumulatively making a total of 21 days' imprisonment - refusal by Magistrate to suspend the sentence - appeal - Magistrate in error in placing too much emphasis on prevalence of the offence and the need for general and personal deterrence and too little emphasis upon the personal circumstances of the appellant including poor health, psychological dysfunction, domestic violence and prospects of rehabilitation - appeal allowed sentences confirmed but suspended. Wood v Samuels (1974) 8 SASR 465, R v O'Keefe (1969) 2 QB 29, Martin v Scotland
(1972) 2 SASR 271 and Giles v Barnes (1967) SASR 174 referred to.
HRNG ADELAIDE, 6 July 1993 #DATE 6:7:1993
Counsel for appellant: Mr P Bennett
Solicitors for appellant: Legal Services Commission
Counsel for respondent: Ms A V Mclean
Solicitors for respondent: Crown Solicitor for South Australia
ORDER
Appeal allowed.
JUDGE1 MULLIGHAN J The appellant was charged with the larceny from a supermarket of deodorant to the value of $2.35 on 4 September 1992: contrary to s.131 of the Criminal Law Consolidation Act, 1935. She pleaded not guilty and, after a trial before a learned Special Magistrate, was found guilty and convicted of that offence. It was then alleged that she was in breach of a bond into which she entered on 11 March 1992. She had pleaded guilty to the larceny of lemon essence and garlic salt to the value of $1.98 from the same supermarket on 24 September, 1991 and had been convicted of that offence. She was released on a bond in the sum of $200 to be of good behaviour for a period of two years and to come up for sentence in breach of that bond. 2. The appellant acknowledged that she was in breach of the bond. On that charge she was sentenced to imprisonment for seven days and on the other charge she was sentenced to imprisonment for fourteen days to be served cumulatively. In addition she was ordered to pay the amount of the bond within three months. She appeals against these sentences on the grounds that they were manifestly excessive and that the learned Magistrate erred in failing to exercise his discretion to suspend the sentences of imprisonment. 3. The appellant has a significant record of prior offending. On four other occasions she was found guilty of larceny in the nature of "shop lifting", and so the learned Magistrate had to sentence her for the fifth and sixth occasions she was before the court for that offence. 4. In his remarks on penalty he placed considerable emphasis on the need for general deterrence. He said: "Offences of larceny of the shop stealing variety I regard as quite serious having regard firstly to their prevalence, they are absolutely rife,…
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- AGLC
- Scott v SA Police [1993] SASC 4038
- Case
- [1993] SASC 4038
- Decision Date
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