DL v The QueenCitation:[2018] HCA 32Before:Bell, Keane, Nettle, Gordon, Edelman JJDate:08 Aug 2018Case Number:S309/2017Read more

DL v The QueenCitation:[2018] HCA 32Before:Bell, Keane, Nettle, Gordon, Edelman JJDate:08 Aug 2018Case Number:S309/2017Read more

The Court found that the failure of the Court of Criminal Appeal to put the appellant on notice of its intention not to act on the prosecution's concession constituted a denial of procedural fairness and resulted in a miscarriage of justice.

Parties
Appellant: Appellant; Respondent: Prosecutor
Jurisdiction
Australia
Judgment Date
08 August 2018
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Sentence
Outcome
Appeal allowed
Legal Topics
Appeal Against Sentence, Murder, Psychosis, Procedural Fairness, Miscarriage of Justice
Criminal Law Appeal Against Sentence Murder Psychosis Procedural Fairness Miscarriage of Justice

Case Brief

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Parties

Appellant

Appellant

Prosecutor

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Sentence

Legal Issues

  1. 1 Whether the Court of Criminal Appeal erred in re-sentencing the appellant by rejecting the primary judge's finding of temporary psychosis
  2. 2 Whether the failure to put the appellant on notice of the intention not to act on the prosecution's concession amounted to a denial of procedural fairness
  3. 3 Whether there was a miscarriage of justice

Ratio Decidendi

The Court found that the failure of the Court of Criminal Appeal to put the appellant on notice of its intention not to act on the prosecution's concession constituted a denial of procedural fairness and resulted in a miscarriage of justice.

Court Disposition

Appeal allowed

Orders

  • Appeal allowed
  • Sentence set aside