Higgs v The Queen [1999] FCA 1562
The appellant did not identify any error of law or principle or any failure to have regard to a material matter, so there was no basis to interfere with the sentencing judge's exercise of discretion to record a conviction.
- Jurisdiction
- Australia
- Judgment Date
- 09 November 1999
- Procedural Posture
- Severity Appeal / On Appeal From a Judge of the Supreme Court of the Australian Capital Territory
- Outcome
- Appeal dismissed.
- Legal Topics
- ['sentencing' 'recording of Conviction' 'recognizance' 'compensation for Assault Occasioning Actual Bodily Harm']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Severity Appeal / On Appeal From a Judge of the Supreme Court of the Australian Capital Territory
Legal Issues
- 1 ['Whether the sentencing judge erred in ordering that a conviction be recorded.']
Ratio Decidendi
The appellant did not identify any error of law or principle or any failure to have regard to a material matter, so there was no basis to interfere with the sentencing judge's exercise of discretion to record a conviction.
Court Disposition
Appeal dismissed.
Orders
- ['The appeal be dismissed.']
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