R v JH [2021] NSWCCA 299

R v JH [2021] NSWCCA 299

The inclusion of an offence punishable by life imprisonment as a Form 1 offence was contrary to s 33(4)(b) of the Crimes (Sentencing Procedure) Act 1999 and caused the sentencing to miscarry. The appropriate course is to quash the sentence and remit the matter to the District Court of New South Wales for resentencing in accordance with law.

Jurisdiction
Australia
Judgment Date
17 December 2021
Procedural Posture
Crown Appeal Against Sentence / Court of Criminal Appeal Sentence Appeal
Outcome
Appeal allowed; sentence quashed; proceedings remitted to the District Court for resentencing.
Legal Topics
['crown Appeal Against Sentence' 'form 1 Procedural Error' 'sentencing Procedure' 'child Sexual Assault' 'aggregate Sentencing']
['criminal Law'] ['crown Appeal Against Sentence' 'form 1 Procedural Error' 'sentencing Procedure' 'child Sexual Assault' 'aggregate Sentencing']

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Procedural Posture

Crown Appeal Against Sentence / Court of Criminal Appeal Sentence Appeal

Legal Issues

  1. 1 ['Whether placing an offence carrying a life sentence on a Form 1 contrary to s 33(4)(b) of the Crimes (Sentencing Procedure) Act 1999 is an error invalidating the sentence' 'Whether the appeal court should resentence or remit to the District Court for resentencing']

Ratio Decidendi

The inclusion of an offence punishable by life imprisonment as a Form 1 offence was contrary to s 33(4)(b) of the Crimes (Sentencing Procedure) Act 1999 and caused the sentencing to miscarry. The appropriate course is to quash the sentence and remit the matter to the District Court of New South Wales for resentencing in accordance with law.

Court Disposition

Appeal allowed; sentence quashed; proceedings remitted to the District Court for resentencing.

Orders

  • ['Allow the appeal.' 'Quash the sentence imposed by the District Court on 3 June 2021.' 'Remit the sentencing proceedings to the District Court to be dealt with according to law.' 'Stand the matter into the Sydney District Court Arraignment list at 9.30am on Friday 21 January 2022.']