Senior v Police

[2005] SASC 88

Supreme Court of South Australia10 March 2005

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Sulan J

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Case Details

Citation[2005] SASC 88

CourtSASC

JurisdictionSa

Decision Date10 March 2005

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Judgment

Judges

Sulan J

The principle of proportionality in sentencing requires that the sentence imposed bear a reasonable relationship to the objective gravity of the offence, having regard to the maximum penalty prescribed by the legislature as an indicator of the seriousness with which Parliament regards the offence

The principle of proportionality in sentencing requires that the sentence imposed bear a reasonable relationship to the objective gravity of the offence, having regard to the maximum penalty prescribed by the legislature as an indicator of the seriousness with which Parliament regards the offence.

SENIOR v POLICE at [30]

Where a party seeks to rely upon an estoppel by convention, the party must demonstrate that the common assumption was shared by both parties and that it would be unconscionable to permit departure from it

Where a party seeks to rely upon an estoppel by convention, the party must demonstrate that the common assumption was shared by both parties and that it would be unconscionable to permit departure from it.

SENIOR v POLICE at [37]

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