Where a sentencing judge imposes a single penalty under s 18A of the Criminal Law (Sentencing) Act 1988 (SA) after nominating individual indicative sentences, the appeal lies against the single penalty and not the individual components. However, manifestly excessive indicative components may found a specific error of principle within the House v The King formulation, enabling appellate intervention even if the overall sentence might not itself be manifestly excessive. For offences of theft, deception and property damage of the kind ordinarily dealt with in the Magistrates Court, indicative sentences of six to eight months imprisonment (before plea discount) were manifestly excessive.
The full text is available to signed-in members, including the 2 later cases that cite this judgment.
2 of the 2 citing cases carry a classified treatment. How each court treated it is available to signed-in members.