On a Commonwealth Crown appeal against sentence in South Australia, the common law principle of double jeopardy continues to apply at the permission to appeal stage, even though s 150 of the Criminal Procedure Act 1921 (SA) precludes consideration of double jeopardy at the resentencing stage. At the permission stage, the Court may presume the respondent's stress and anxiety; at the resentencing stage, such stress and anxiety must be proved under s 16A(2)(m) of the Crimes Act 1914 (Cth). A manifestly inadequate sentence will not necessarily be disturbed where the respondent has undertaken significant rehabilitation and the gravity of the offending does not overwhelm the respondent's personal circumstances.
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