HOW TO READ A CASE

61 1 SASR2 SCOTT3v 4 SA POLICE5 (Mullighan J) 6589

7
[SUPREME COURT] 8

SCOTT v SA POLICE 9

Mullighan J 10

6 July 1993 11

Criminal Law and Procedure - Jurisdiction, practice and procedure - Judgment and punishment - Larceny - Appeal against imposition by Magistrate of term of immediate imprisonment for 'shoplifting' - Multiple offender, Factors to be considered in suspending a sentence of imprisonment.12

The appellant was found guilty of the theft of deodorant to the value of $2.35. The appellant had prior convictions for shoplifting. Because of her conviction, she was in breach of a bond which had been imposed for a similar offence. For the conviction and the breach of the bond the appellant was sentenced to a total of 21 days imprisonment. The appellant was also ordered to pay $200 following the estreatment of the bond. 13

Held14 (allowing the appeal): The sentences of imprisonment were not of themselves manifestly excessive.

However, the decision not to suspend the sentences of imprisonment made the sentence imposed manifestly excessive.

Sentences of imprisonment confirmed but suspended upon appellant entering into a bond and inter alia performing 75 hours of community service.

Order that appellant pay $200 set aside.

Suspension of sentences of imprisonment discussed.

Wood v Samuels (1974) 8 SASR 465; R v O' Keefe (1969) 2 QB 29; Martin v Scotland (1972) 2 SASR 271; Giles v Barnes 1967 SASR 174, referred to.

Appeal Against Sentence

P Bennett, for the appellant
A V McLean, for the respondent.15
Ex tempore16

Mullighan J. 17 Decision 18
(Reprinted with the permission of the Law Book Company)

FORMAT OF A CASE

Volume number of Report.
Initials indicate the name of the law report series, for example, SASR refers to the South Australian State Reports.
The name of the plaintiff or the appellant bringing the action, in this case Scott. This case is an appeal against the penalty imposed by a magistrate. If it were a criminal prosecution then it would be R v Scott. R means Regina (Latin for 'The Queen'), because the State (in the name of the Queen) conducts the prosecution.
v. means versus; usually referred to as 'Scott against SA Police'
The name of the party defending the action in a civil case, (for example, Smith v. Bloggs, Jones v. Dove) or the name of the party being prosecuted.
The name of the judge hearing the case.
J means Justice, CJ means Chief Justice, AJ means Acting Justice.
If the report is of an appeal then there may be three judges or sometimes five.
Page number of the Volume where the case begins. The case of Scott v SA Police can be found in Volume 61 of the South Australian State Reports at page 589.
Name of the court hearing the case.
Title of the case.
See note 6.
Date the case was heard in court.
Key words which will be included in the index of the reports.
This is the summary of the facts of the case.
'Held' indicates that this is what the judge decided.
Names of the counsel representing the parties:
'for the appellant' means representing Ms Scott;
'for the respondent' means representing the SA Police (which opposed the appeal).
'Ex tempore' means this judgment was handed down at the conclusion of the trial. If the words 'Curia advisari vultari' appear it is known as a reserved judgment which means that the court took time to consider the matter before giving judgment. This usually occurs for complex matters.
Judge's name.
The decision follows which may be many pages long. In the case of a Full Court, each judge may give a separate judgment, although sometimes judges write joint judgments.