The appellant must convince the Court that the Judge made a mistake in law when imposing sentence (for example, ignored a factor which would point to a lesser sentence) or that the sentence imposed was so obviously outside the usual range of penalties imposed for the type of offence as to be manifestly inadequate or manifestly excessive.
The Court may allow an appeal, quash the sentence passed, and subsitute what sentence it thinks ought to have been passed or order re-sentencing. However, on an appeal against sentence by the convicted person, the Court must not increase the severity of the sentence, except to extend the non-parole period where the Court otherwise decreases the sentence [see Criminal Law Consolidation Act 1935 (SA) ss 353(4) and (5)].
When a convicted person obtains permission to appeal against sentence, the Director of Public Prosecutions may then also appeal against the sentence, without the need to obtain the permission [see s 352(2)].
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