Park v The QueenCitation:[2021] HCA 37Before:Kiefel CJ, Gageler, Keane, Edelman, Gleeson JJDate:10 Nov 2021Case Number:S61/2021Read more
The sentence that the court 'would otherwise have imposed' cannot exceed the jurisdictional limit; the indicative sentence must not be above the jurisdictional maximum, even before applying any discount for a guilty plea.
- Parties
- Appellant: Appellant; Respondent: Respondent
- Jurisdiction
- Australia
- Judgment Date
- 10 November 2021
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal allowed
- Legal Topics
- Sentencing, Plea of Guilty, Jurisdictional Limits
Case Brief
Summary, issues, holding and outcome
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Parties
Appellant
Appellant
Respondent
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the sentence that the court 'would otherwise have imposed' can exceed the jurisdictional limit when applying a discount for a guilty plea.
Ratio Decidendi
The sentence that the court 'would otherwise have imposed' cannot exceed the jurisdictional limit; the indicative sentence must not be above the jurisdictional maximum, even before applying any discount for a guilty plea.
Court Disposition
appeal allowed
Orders
- Sentence set aside
- Matter remitted for re-sentencing in accordance with the law
Full Case Text
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