R v Wilson

[2015] SASCFC 54

South Australia Full Court

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For Australian Law.

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Interrogate

Catchwords

1. Criminal Law
2. › Sentence
3. › Appeal against sentence
4. › Grounds for interference
5. › Sentence manifestly excessive
6. › Home invasion offences
7. › Aggravated serious criminal trespass
8. › Aggravated robbery
9. › Totality principle
10. › Criminal Law Consolidation Act 1935 (SA), ss 20(3), 137(1), 170(1)
1. Criminal Law
2. › Sentence
3. › Sentencing orders
4. › Serious repeat offender declaration
5. › Whether declaration available where sentence proportionate under ordinary sentencing principles
6. › Whether particularly severe sentence required for community protection
7. › Criminal Law (Sentencing) Act 1988 (SA), s 20B(3)

Quick Take

A serious repeat offender declaration under s 20B(3) of the Criminal Law (Sentencing) Act 1988 (SA) cannot be made where the sentence imposed is proportionate under ordinary sentencing principles. The declaration is only available where the court forms the opinion that a sentence departing from proportionality is required for community protection.