DL v The Queen [2018] HCA 32

DL v The Queen [2018] HCA 32

The Court of Criminal Appeal denied the appellant procedural fairness by substituting aggravated factual findings (intent to kill and premeditation), not previously in issue or challenged by the parties, and did so without putting the appellant on notice or giving opportunity to make submissions or submit further evidence, thus occasioning a miscarriage of justice.

Parties
Appellant: DL; Respondent: The Queen
Jurisdiction
Australia
Judgment Date
08 August 2018
Procedural Posture
Criminal Appeal / Appeal to High Court From Decision of Court of Criminal Appeal of the Supreme Court of New South Wales
Outcome
Appeal allowed
Legal Topics
Appeal Against Sentence, Procedural Fairness, Mental State at Time of Offence, Application of Standard Non Parole Period, Role of Factual Findings on Re Sentence
Criminal Law Appellate Procedure Appeal Against Sentence Procedural Fairness Mental State at Time of Offence Application of Standard Non Parole Period Role of Factual Findings on Re Sentence

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 4 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

DL

Appellant

The Queen

Respondent

Procedural Posture

Criminal Appeal / Appeal to High Court From Decision of Court of Criminal Appeal of the Supreme Court of New South Wales

Legal Issues

  1. 1 Whether the Court of Criminal Appeal erred in departing from primary judge's unchallenged factual findings without notice to the appellant
  2. 2 Whether the appellant was denied procedural fairness when the appellate court failed to put the appellant on notice before substituting aggravated factual findings
  3. 3 Whether new evidence post-sentence can justify different findings at re-sentence

Ratio Decidendi

The Court of Criminal Appeal denied the appellant procedural fairness by substituting aggravated factual findings (intent to kill and premeditation), not previously in issue or challenged by the parties, and did so without putting the appellant on notice or giving opportunity to make submissions or submit further evidence, thus occasioning a miscarriage of justice.

Court Disposition

Appeal allowed

Orders

  • Appeal allowed.
  • Set aside order 3 of the Court of Criminal Appeal of the Supreme Court of New South Wales made on 13 April 2017 in the appeal against sentence.