HOUSSENLOGE v R [2010] NSWCCA 9

HOUSSENLOGE v R [2010] NSWCCA 9

Procedural fairness was not afforded in sentencing proceedings, as facts relied upon for sentencing were not assigned to the appropriate counts in the indictment, resulting in a miscarriage requiring the sentences to be quashed and the matter remitted for re-sentence.

Jurisdiction
Australia
Judgment Date
05 February 2010
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
Appeal against sentence allowed
Legal Topics
['procedural Regularity' 'sentencing' 'procedural Fairness']
['criminal Law'] ['procedural Regularity' 'sentencing' 'procedural Fairness']

Case Brief

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Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 ['Whether sentencing proceedings miscarried due to absence of procedural fairness' 'Correct allocation of facts to counts in indictment' 'Procedural regularity']

Ratio Decidendi

Procedural fairness was not afforded in sentencing proceedings, as facts relied upon for sentencing were not assigned to the appropriate counts in the indictment, resulting in a miscarriage requiring the sentences to be quashed and the matter remitted for re-sentence.

Court Disposition

Appeal against sentence allowed

Orders

  • ['Application for leave to appeal against sentence granted' 'Appeal allowed' 'Sentences imposed in the District Court quashed' 'Matter remitted to District Court for re-sentence']