Lowndes v The Queen [1999] HCA 29

Lowndes v The Queen [1999] HCA 29

The sentencing judge's decision to make a parole eligibility order was a discretionary judgment based on the evidence before him; the Court of Criminal Appeal did not identify any material error that would warrant appellate interference. Accordingly, the appellate court was not entitled to overturn the discretionary decision merely because it would have decided differently.

Jurisdiction
Australia
Procedural Posture
Criminal Appeal / High Court Appeal From Court of Criminal Appeal of Western Australia
Outcome
Appeal allowed
Legal Topics
['sentencing' 'indefinite Imprisonment' 'parole Eligibility' 'appellate Review of Sentencing Discretion']
['criminal Law'] ['sentencing' 'indefinite Imprisonment' 'parole Eligibility' 'appellate Review of Sentencing Discretion']

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Procedural Posture

Criminal Appeal / High Court Appeal From Court of Criminal Appeal of Western Australia

Legal Issues

  1. 1 ['Whether the Court of Criminal Appeal was entitled to set aside the parole eligibility order and order indefinite imprisonment' "Whether the sentencing judge's exercise of discretion involved appealable error"]

Ratio Decidendi

The sentencing judge's decision to make a parole eligibility order was a discretionary judgment based on the evidence before him; the Court of Criminal Appeal did not identify any material error that would warrant appellate interference. Accordingly, the appellate court was not entitled to overturn the discretionary decision merely because it would have decided differently.

Court Disposition

Appeal allowed

Orders

  • ['Set aside the orders of the Court of Criminal Appeal of Western Australia in relation to the Crown appeal against sentence made on 8 August 1997' 'Dismiss the Crown appeal to that Court']