Achurch v The Queen [2014] HCA 10

Achurch v The Queen [2014] HCA 10

Section 43 of the Crimes (Sentencing Procedure) Act 1999 (NSW) authorises re-opening only where the court has imposed a penalty not permitted by law, not merely because of an error of reasoning, so long as the sentence could have lawfully been imposed. The appeal is therefore dismissed.

Parties
Appellant: Brian William Achurch; Respondent: The Queen
Jurisdiction
Australia
Judgment Date
02 April 2014
Procedural Posture
Criminal Appeal / Final Disposition in High Court After Appeal From Supreme Court of New South Wales
Outcome
appeal dismissed
Legal Topics
Sentencing, Re Opening Sentencing Proceedings, Principle of Finality
Criminal Law Sentencing Re Opening Sentencing Proceedings Principle of Finality

Case Brief

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Parties

Brian William Achurch

Appellant

The Queen

Respondent

Procedural Posture

Criminal Appeal / Final Disposition in High Court After Appeal From Supreme Court of New South Wales

Legal Issues

  1. 1 Whether s 43 of the Crimes (Sentencing Procedure) Act 1999 (NSW) authorises re-opening sentencing proceedings where a sentence, though reached through legal error, was otherwise open at law
  2. 2 Meaning of 'contrary to law' in s 43 of the Crimes (Sentencing Procedure) Act 1999 (NSW)

Ratio Decidendi

Section 43 of the Crimes (Sentencing Procedure) Act 1999 (NSW) authorises re-opening only where the court has imposed a penalty not permitted by law, not merely because of an error of reasoning, so long as the sentence could have lawfully been imposed. The appeal is therefore dismissed.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed