R v Hoar [1981] HCA 67

R v Hoar [1981] HCA 67

There was no power under s. 48 of the Fisheries Act to order forfeiture of property on conviction for conspiracy, as forfeiture is tied to conviction for a substantive offence under the Act. Sentences for conspiracy should be assessed considering the number of offences, but duplicative punishment for the same acts is impermissible. The Full Court's approach to penalty was not shown to be in error; Hoar's application for special leave to appeal is refused.

Jurisdiction
Australia
Procedural Posture
Criminal Appeal / High Court Determination Following Appeals From Federal Court
Outcome
Crown's appeal dismissed; Hoar's application for special leave to appeal refused.
Legal Topics
['conspiracy' 'forfeiture' 'sentencing' 'double Jeopardy']
['criminal Law'] ['conspiracy' 'forfeiture' 'sentencing' 'double Jeopardy']

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 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Appeal / High Court Determination Following Appeals From Federal Court

Legal Issues

  1. 1 ['Whether the Federal Court had power to order forfeiture of property on conviction for conspiracy' 'Whether the sentences imposed for conspiracy were manifestly inadequate or excessive' 'Whether further prosecution for substantive offences would constitute double punishment']

Ratio Decidendi

There was no power under s. 48 of the Fisheries Act to order forfeiture of property on conviction for conspiracy, as forfeiture is tied to conviction for a substantive offence under the Act. Sentences for conspiracy should be assessed considering the number of offences, but duplicative punishment for the same acts is impermissible. The Full Court's approach to penalty was not shown to be in error; Hoar's application for special leave to appeal is refused.

Court Disposition

Crown's appeal dismissed; Hoar's application for special leave to appeal refused.

Orders

  • ['Donald Edgar Hoar to surrender himself forthwith to the Officer in Charge of Police at Katherine in the Northern Territory']