Purves v R [2019] NSWCCA 227

Purves v R [2019] NSWCCA 227

The District Court's failure to comply with s 16BA(1) of the Crimes Act 1914 (Cth)—specifically not making statutory inquiries or obtaining the applicant’s admissions—rendered sentencing fundamentally erroneous; only the court before which person was convicted can undertake the procedure, so the appeal was allowed and sentence set aside.

Parties
Applicant: Douglas Thomas Purves; Respondent: Regina
Jurisdiction
Australia
Judgment Date
13 September 2019
Procedural Posture
Criminal Appeal / Leave to Appeal Against Sentence; Appeal Determination
Outcome
Appeal allowed; sentence set aside; matter remitted to District Court for resentencing.
Legal Topics
Sentencing, Additional Offences Taken Into Account, Procedural Error, Criminal Procedure
Criminal Law Sentencing Additional Offences Taken Into Account Procedural Error Criminal Procedure

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Parties

Douglas Thomas Purves

Applicant

Regina

Respondent

Procedural Posture

Criminal Appeal / Leave to Appeal Against Sentence; Appeal Determination

Legal Issues

  1. 1 Whether procedural requirements under s 16BA of the Crimes Act 1914 (Cth) were complied with in sentencing
  2. 2 Whether additional offences could be properly taken into account without statutory admissions
  3. 3 Whether procedural errors in sentencing could be remedied on appeal

Ratio Decidendi

The District Court's failure to comply with s 16BA(1) of the Crimes Act 1914 (Cth)—specifically not making statutory inquiries or obtaining the applicant’s admissions—rendered sentencing fundamentally erroneous; only the court before which person was convicted can undertake the procedure, so the appeal was allowed and sentence set aside.

Court Disposition

Appeal allowed; sentence set aside; matter remitted to District Court for resentencing.

Orders

  • Leave granted to appeal against sentence.
  • Appeal allowed.