Thomson v R [2014] NSWCCA 88

Thomson v R [2014] NSWCCA 88

The applicant was not denied procedural fairness because the judge's ordering of an ICO assessment was a procedural step and not a binding indication of sentence. The applicant had opportunity to make submissions, was on notice of Crown's arguments, and lost no tangible opportunity to address the Court on the sentence imposed. There was no practical injustice.

Parties
Applicant: Murray Graham Thomson; Crown: Regina
Jurisdiction
Australia
Judgment Date
21 May 2014
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
Appeal Against Sentence, Procedural Fairness, Intensive Corrections Order, Practical Injustice
Criminal Law Appeal Against Sentence Procedural Fairness Intensive Corrections Order Practical Injustice

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Parties

Murray Graham Thomson

Applicant

Regina

Crown

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the ordering of an intensive corrections order assessment created an expectation that the imposed sentence would be no greater than 2 years and would be served by way of an intensive corrections order
  2. 2 Whether the applicant was denied procedural fairness by not being allowed to make further submissions as to sentence

Ratio Decidendi

The applicant was not denied procedural fairness because the judge's ordering of an ICO assessment was a procedural step and not a binding indication of sentence. The applicant had opportunity to make submissions, was on notice of Crown's arguments, and lost no tangible opportunity to address the Court on the sentence imposed. There was no practical injustice.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

  • Grant leave to appeal
  • Appeal dismissed