Giordimania v The Queen

[2020] SASCFC 28

South Australia Full Court

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Interrogate

Catchwords

1. Criminal Law
2. › Sentence
3. › Sentencing procedure
4. › Concurrent, cumulative and additional sentences
5. › Cumulative sentences
6. › Whether sentencing judge erred in ordering cumulative rather than concurrent sentences where offending formed single course of criminal conduct
7. › Whether overlap between offences required concurrency
1. Criminal Law
2. › Sentence
3. › Relevant factors
4. › Nature and circumstances of offender
5. › Intellectually handicapped offender
6. › Whether adequate weight given to intellectual disability in sentencing
7. › Effect on moral culpability and general deterrence
1. Criminal Law
2. › Appeal and new trial
3. › Appeal against sentence
4. › Grounds for interference
5. › Sentence manifestly excessive or inadequate
6. › Whether aggregate sentence proportionate to overall criminality
7. › Criminal Law Consolidation Act 1935 (SA), ss 20(4)(c), 137(1), 170(1)
8. › Sentencing Act 2017 (SA), s 26

Quick Take

Cumulative sentences may be imposed even where offending forms a single course of criminal conduct, where particular offences add a dimension to the overall criminality that extends beyond what is inherent in the other offences. An intellectually impaired offender is an undesirable vehicle for general deterrence, requiring 'sensible moderation' of deterrence and retributive objectives, but the gravity of the offending may still leave room for a significant level of general deterrence.