› Whether refusal of home detention rendered sentence manifestly excessive
Criminal law
› Particular offences
› Driving offences
› Aggravated causing serious harm by dangerous driving
Criminal law
› Sentence
› Sentencing objectives
› General deterrence and punishment outweighing personal circumstances
Quick Take
1When considering whether to order home detention under s 71 of the Sentencing Act 2017 (SA), a sentencing judge is not required to repeat the offender's positive personal circumstances at each stage of the sentencing process; the remarks must be read as a whole, and earlier reference to those matters suffices.
2In serious cases of aggravated causing serious harm by dangerous driving involving gross intoxication (here, over three times the legal limit), the sentencing objectives of general deterrence, punishment and protection of community safety may properly outweigh favourable personal circumstances and preclude a home detention order.
3R v Hevko (2018) 272 A Crim R 191 is distinguishable where the sentencing judge made no factual error in assessing the seriousness of the offence; the failure in Hevko arose from overlooking that the offending may have been isolated, not merely from omitting to repeat personal circumstances when addressing home detention.
