HT v The Queen [2019] HCA 40

HT v The Queen [2019] HCA 40

The appellant was denied procedural fairness in the Court of Criminal Appeal by being denied access to confidential evidence regarding her assistance to law enforcement, which was relied upon by that court in re-sentencing her. Public interest immunity does not justify admitting documents into evidence but withholding them from a party; if such material is relied on, the party must have access or, if necessary, tailored orders should be made. The Court of Criminal Appeal erred in not declining to exercise its residual discretion to re-sentence where procedural fairness was not afforded.

Parties
Appellant: HT; First Respondent: The Queen; Second Respondent: Commissioner of Police, NSW
Jurisdiction
Australia
Judgment Date
13 November 2019
Procedural Posture
Criminal Appeal / Appeal to the High Court of Australia From the Court of Criminal Appeal of the Supreme Court of New South Wales
Outcome
Appeal allowed
Legal Topics
Appeal Against Sentence, Procedural Fairness, Public Interest Immunity, Suppression Orders, Assistance to Law Enforcement Authorities, Open Justice
Criminal Law Procedure Appeal Against Sentence Procedural Fairness Public Interest Immunity Suppression Orders Assistance to Law Enforcement Authorities Open Justice

Case Brief

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Parties

HT

Appellant

The Queen

First Respondent

Commissioner of Police, NSW

Second Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether denial of access to confidential evidence by the Court of Criminal Appeal denied procedural fairness to the appellant
  2. 2 Whether public interest immunity or other statutory provisions allowed the confidential evidence to be withheld from the appellant in sentencing or on appeal
  3. 3 Whether the Court of Criminal Appeal should have declined to exercise its residual discretion to re-sentence where procedural fairness was denied

Ratio Decidendi

The appellant was denied procedural fairness in the Court of Criminal Appeal by being denied access to confidential evidence regarding her assistance to law enforcement, which was relied upon by that court in re-sentencing her. Public interest immunity does not justify admitting documents into evidence but withholding them from a party; if such material is relied on, the party must have access or, if necessary, tailored orders should be made. The Court of Criminal Appeal erred in not declining to exercise its residual discretion to re-sentence where procedural fairness was not afforded.

Court Disposition

Appeal allowed

Orders

  • Set aside the two sets of orders made by the Court of Criminal Appeal of the Supreme Court of New South Wales, when reserving its judgment and when disposing of the appeal
  • Order that the Crown appeal be dismissed