Cumberland v The QueenCitation:[2020] HCA 21Before:Bell, Gageler, Nettle JJDate:03 Jun 2020Case Number:D23/2019Read more

Cumberland v The QueenCitation:[2020] HCA 21Before:Bell, Gageler, Nettle JJDate:03 Jun 2020Case Number:D23/2019Read more

The Court of Criminal Appeal failed to accord procedural fairness to the appellant by not providing an opportunity to present material or make submissions relevant to re-sentencing or the exercise of residual discretion. The matter should be remitted for re-sentencing.

Parties
Appellant: Appellant; Respondent: Crown
Jurisdiction
Australia
Judgment Date
03 June 2020
Procedural Posture
Criminal Appeal / Judgment After Appeal Against Sentence
Outcome
Appeal allowed; matter remitted for re-sentencing
Legal Topics
Crown Appeal Against Sentence, Procedural Fairness, Re Sentencing, Residual Discretion
Criminal Law Appellate Procedure Crown Appeal Against Sentence Procedural Fairness Re Sentencing Residual Discretion

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Parties

Appellant

Appellant

Crown

Respondent

Procedural Posture

Criminal Appeal / Judgment After Appeal Against Sentence

Legal Issues

  1. 1 Whether the Court of Criminal Appeal failed to accord the appellant procedural fairness in the conduct of the hearing of the appeal against sentence
  2. 2 Whether the Court of Criminal Appeal erred in allowing the appeal against sentence when all circumstances relevant to the exercise of residual discretion were not yet known
  3. 3 Whether the matter should be remitted to the Court of Criminal Appeal for re-sentencing

Ratio Decidendi

The Court of Criminal Appeal failed to accord procedural fairness to the appellant by not providing an opportunity to present material or make submissions relevant to re-sentencing or the exercise of residual discretion. The matter should be remitted for re-sentencing.

Court Disposition

Appeal allowed; matter remitted for re-sentencing

Orders

  • The judgment of the Court of Criminal Appeal is set aside.
  • The matter is remitted to the Court of Criminal Appeal for re-sentencing of the appellant.