Trewren v The King

The appeal in *Trewren v The King* was heard by the Full Court of the Supreme Court of South Australia. The appellant sought to appeal against a sentence imposed by the District Court for the offence of culpable driving causing death.

The central legal issue before the Full Court was whether the original sentence imposed by the District Court was manifestly excessive or inadequate, requiring interference on appeal. This involved considering the purposes of sentencing, including deterrence, denunciation, rehabilitation, and the recognition of mitigating factors.

The Court reasoned that the sentence must appropriately balance the need for strong deterrence and denunciation of the appellant's conduct with the recognition of her favourable personal circumstances. These circumstances included her remorse, public apology to the victims, good prospects of rehabilitation, and the adverse impact of incarceration on her son. The Court concluded that the original sentence did not strike this balance appropriately.

Consequently, the Full Court granted permission to appeal and allowed the appeal. The original sentence was set aside and the appellant was re-sentenced to six years and six months imprisonment, with a non-parole period fixed. The sentence was reduced by 25 per cent to account for her guilty plea, resulting in a final sentence of four years, 10 months, and 16 days imprisonment. A 15-year disqualification from holding or obtaining a driver's licence was also imposed, to commence upon her release from prison.