› Criminal Law Consolidation Act 1935 (SA) s 20AA(3)
Criminal Law
› Appeal and New Trial
› Second Appeal
› Permission to Appeal
› Standard for Grant of Permission
Criminal Law
› Sentencing
› Factors
› Indigenous Offender
› History of Deprivation and Hardship
Quick Take
1On a second appeal from a magistrate's sentence (via a single judge), the applicant must demonstrate the appeal judgment was plainly wrong or unjust, not merely that it is reasonably arguable the sentence was manifestly excessive.
2Sentences for offences under s 20AA(3) of the CLCA must deter assaults on police and emergency workers and recognise the important protective role they perform, but the starting point must remain proportionate to the seriousness of the particular offending — here, a kick causing transient pain and no injury was at the lower end of the range.
3An Indigenous offender's very long history of deprivation and hardship remains relevant and must be recognised in sentencing, consistent with [name withheld] v The Queen, even where general and personal deterrence are prominent sentencing objectives.
