REGINA v Matthew James ELLIOTT and Bronson Matthew BLESSINGTON [2006] NSWCCA 305

REGINA v Matthew James ELLIOTT and Bronson Matthew BLESSINGTON [2006] NSWCCA 305

By majority, the Court concluded that the non-release recommendation was not an order or sentence under the Criminal Appeal Act at the time it was made, and thus not within appellate jurisdiction. The legislative changes did not create a miscarriage of justice requiring reopening the appeal. The Court should not...

Source-derived case information.

Parties
Applicant: Matthew James Elliott; Applicant: Bronson Matthew Blessington; Respondent: Regina
Jurisdiction
Australia
Judgment Date
22 September 2006
Procedural Posture
Criminal Appeal / Leave to Appeal Out of Time and Leave to Reopen Original Appeal
Outcome
Leave to appeal out of time refused; leave to reopen the original appeal refused (majority).
Legal Topics
Jurisdiction to Reopen Appeals, Life Sentences, Non Release Recommendations, Parliamentary Power, Procedural Fairness, Manifest Excess, Youthful Offenders
Criminal Law Sentencing Law Constitutional Law Jurisdiction to Reopen Appeals Life Sentences Non Release Recommendations Parliamentary Power Procedural Fairness +2 more

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Parties

Matthew James Elliott

Applicant

Bronson Matthew Blessington

Applicant

Regina

Respondent

Procedural Posture

Criminal Appeal / Leave to Appeal Out of Time and Leave to Reopen Original Appeal

Legal Issues

  1. 1 Whether the Court has jurisdiction to hear an appeal from a non-release recommendation as a sentence
  2. 2 Whether leave to reopen the appeal should be granted due to lack of order perfection or denial of procedural fairness
  3. 3 Whether legislative changes retroactively create a miscarriage of justice

Ratio Decidendi

By majority, the Court concluded that the non-release recommendation was not an order or sentence under the Criminal Appeal Act at the time it was made, and thus not within appellate jurisdiction. The legislative changes did not create a miscarriage of justice requiring reopening the appeal. The Court should not exercise discretion to reopen or grant leave to appeal out of time in a manner that frustrates valid legislative intention, even if subsequent statutory amendments made the consequences more onerous. Dissenting, Kirby J held that the subsequent legislative consequences rendered the life sentences manifestly excessive for the juvenile applicants; leave should be granted and a...

Court Disposition

Leave to appeal out of time refused; leave to reopen the original appeal refused (majority).

Orders

  • Leave to appeal out of time refused.
  • Leave to reopen the original appeal refused.