Tennant v The Queen

The appeal concerned a sentence imposed on Ms Tennant for the offence of manslaughter by unlawful and dangerous act. The appeal was heard by the Full Court of the Supreme Court of South Australia, comprising Kourakis CJ, Bampton and Hughes JJ. The central question before the court was whether the sentence of 10 years imprisonment was manifestly excessive.

The legal issue before the Full Court was to determine if the sentencing judge had erred in imposing a sentence that was outside the permissible range for the offence and the offender, or if any error of fact or law had occurred. This required the court to assess whether the sentencing judge had given proper regard to all relevant factors, including the personal circumstances of Ms Tennant, when determining the appropriate punishment.

The Full Court, in dismissing the appeal, reasoned that the sentencing judge had properly considered Ms Tennant's personal circumstances and had given appropriate regard to all relevant factors. The court found that it was open to the sentencing judge, on the facts presented, to conclude that Ms Tennant's conduct fell within a very serious category of manslaughter by unlawful and dangerous act. Consequently, the sentence imposed was not considered to be outside the permissible range, nor was any error of fact or law identified.