Turnbull (a pseudonym) v The King
Case
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[2023] SASCA 121
•15 November 2023
Details
AGLC
Case
Decision Date
Turnbull (a pseudonym) v The King [2023] SASCA 121
[2023] SASCA 121
15 November 2023
CaseChat Overview and Summary
The applicant, Turnbull (a pseudonym), sought leave to appeal against a sentence imposed by the District Court. The appeal concerned the sentence for offences of maintaining a sexual relationship with a child and persistent sexual abuse of a child.
The primary legal issue before the Full Court of the Supreme Court of South Australia was whether the sentence imposed was manifestly excessive, thereby providing grounds for interference on appeal.
The Court considered the grounds for appeal and concluded that the complaint of manifest excess was not reasonably arguable. The Court applied the established principles for reviewing sentences, which require a demonstration that the sentence is so disproportionate to the gravity of the offence and the circumstances of the offender as to be unjust. Having found no reasonable argument for manifest excess, the Court dismissed the application.
The application for permission to appeal against sentence was dismissed.
The primary legal issue before the Full Court of the Supreme Court of South Australia was whether the sentence imposed was manifestly excessive, thereby providing grounds for interference on appeal.
The Court considered the grounds for appeal and concluded that the complaint of manifest excess was not reasonably arguable. The Court applied the established principles for reviewing sentences, which require a demonstration that the sentence is so disproportionate to the gravity of the offence and the circumstances of the offender as to be unjust. Having found no reasonable argument for manifest excess, the Court dismissed the application.
The application for permission to appeal against sentence was dismissed.
Details
Key Legal Topics
Areas of Law
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Criminal Law
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Statutory Interpretation
Legal Concepts
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Appeal
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Sentencing
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Charge
Actions
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Most Recent Citation
R v Harvey (No 2) [2014] SASCFC 106
Cases Citing This Decision
13
Morgan (a pseudonym) v The King
[2025] SASCA 31
Ackland v The King
[2025] SASCA 15
Adam (a pseudonym) v The King
[2024] SASCA 149
Cases Cited
9
Statutory Material Cited
1
Markarian v The Queen
[2005] HCA 25
Markarian v The Queen
[2005] HCA 25
R v Kench
[2005] SASC 85