Size v The King

The appeal concerned a sentencing decision made by a sentencing judge. The appellant, Size, sought to appeal against the sentence imposed by the sentencing judge.

The primary legal issue before the Court of Appeal was whether the sentencing judge erred in the exercise of her broad sentencing discretion by refusing to suspend the sentence imposed on the appellant.

The Court of Appeal acknowledged that it was reasonably arguable that the refusal to suspend the sentence involved an error in the exercise of discretion. However, the Court ultimately concluded that it was open to the sentencing judge to proceed as she did, and therefore, the appeal should be dismissed.

The Court granted the application for an extension of time and the application for permission to appeal, but dismissed the appeal itself.