Wallace v The King

Case

[2023] SASCA 127

20 November 2023


Details
AGLC Case Decision Date
Wallace v The King [2023] SASCA 127 [2023] SASCA 127 20 November 2023

CaseChat Overview and Summary

This matter concerned an appeal against sentence brought by Wallace against The King. The appeal was heard by the Court of Appeal of the Supreme Court of New South Wales, constituted by Livesey P and David J.

The primary legal issue before the Court was whether the sentence imposed upon Wallace was manifestly excessive, thereby providing grounds for appellate interference.

The Court acknowledged that it was reasonably arguable that the sentence was manifestly excessive. However, despite granting permission to appeal on this specific ground, the Court ultimately dismissed the appeal. The Court's reasoning for dismissing the appeal, notwithstanding the arguable excessiveness of the sentence, is not elaborated upon in the provided text.

The application for permission to appeal was dismissed, except for the ground concerning manifest excess, on which permission was granted. Nevertheless, the appeal itself was dismissed.
Details

Areas of Law

  • Criminal Law

Legal Concepts

  • Appeal

  • Sentencing

Actions
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Cases Citing This Decision

3

Cunningham v The King [2024] SASCA 138
Brooker v The King [2024] SASCA 135
Size v The King [2024] SASCA 122
Cases Cited

17

Statutory Material Cited

1

R v Wallace [2008] QCA 135
R v Karnage [2019] SASCFC 82
R v Karnage [2019] SASCFC 82