Park v The Queen [2021] HCA 37

Park v The Queen [2021] HCA 37

The sentence that the court 'would otherwise have imposed' under s 22 is the appropriate sentence determined by applying all relevant factors, including the maximum penalty and any discount for guilty plea, before applying any jurisdictional limit. The jurisdictional limit is applied only after the sentence and discount are calculated. The Court of Criminal Appeal was correct in its interpretation, and therefore the appeal must fail.

Parties
Appellant: Jong Han Park; Respondent: The Queen
Jurisdiction
Australia
Judgment Date
10 November 2021
Procedural Posture
Criminal Appeal / Final Appeal – High Court Decision
Outcome
appeal dismissed
Legal Topics
Sentencing, Jurisdictional Limits, Guilty Plea Discounts
Criminal Law Sentencing Jurisdictional Limits Guilty Plea Discounts

Case Brief

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Parties

Jong Han Park

Appellant

The Queen

Respondent

Procedural Posture

Criminal Appeal / Final Appeal – High Court Decision

Legal Issues

  1. 1 Whether the sentence that the court 'would otherwise have imposed' under s 22 of the Crimes (Sentencing Procedure) Act 1999 (NSW) can exceed the jurisdictional limit imposed by the Criminal Procedure Act 1986 (NSW)
  2. 2 Whether the sentencing discount for a guilty plea should be applied before or after considering the jurisdictional limit

Ratio Decidendi

The sentence that the court 'would otherwise have imposed' under s 22 is the appropriate sentence determined by applying all relevant factors, including the maximum penalty and any discount for guilty plea, before applying any jurisdictional limit. The jurisdictional limit is applied only after the sentence and discount are calculated. The Court of Criminal Appeal was correct in its interpretation, and therefore the appeal must fail.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed