R v White [2018] NSWCCA 238

R v White [2018] NSWCCA 238

The appeal was allowed because the sentencing judge imposed a suspended sentence without giving the Crown an opportunity to make submissions on the appropriateness of that sentence, in circumstances where the material relied upon was not before the judge in the sentencing proceedings. This amounted to an inadvertent denial of procedural fairness, requiring the sentencing proceedings to be remitted to the District Court for determination in accordance with law.

Jurisdiction
Australia
Judgment Date
24 October 2018
Procedural Posture
Crown Appeal Against Sentence / Appeal in the Court of Criminal Appeal From Sentencing Proceedings in the District Court of New South Wales
Outcome
Appeal allowed; sentencing proceedings remitted to the District Court for determination in accordance with law.
Legal Topics
['procedural Fairness' 'crown Appeal Against Sentence' 'suspended Sentence' 'remittal for Sentence']
['criminal Law' 'sentencing' 'criminal Procedure'] ['procedural Fairness' 'crown Appeal Against Sentence' 'suspended Sentence' 'remittal for Sentence']

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Procedural Posture

Crown Appeal Against Sentence / Appeal in the Court of Criminal Appeal From Sentencing Proceedings in the District Court of New South Wales

Legal Issues

  1. 1 ['Whether the Crown was denied procedural fairness when the sentencing judge imposed a suspended sentence without hearing from the Crown representative as to the appropriateness of that sentence.' 'Whether the sentence appeal should be allowed and the sentencing proceedings remitted to the District Court.']

Ratio Decidendi

The appeal was allowed because the sentencing judge imposed a suspended sentence without giving the Crown an opportunity to make submissions on the appropriateness of that sentence, in circumstances where the material relied upon was not before the judge in the sentencing proceedings. This amounted to an inadvertent denial of procedural fairness, requiring the sentencing proceedings to be remitted to the District Court for determination in accordance with law.

Court Disposition

Appeal allowed; sentencing proceedings remitted to the District Court for determination in accordance with law.

Orders

  • ['Grant the Crown leave to amend the notice of appeal by adding the additional ground in terms articulated by the Crown earlier during the hearing.' 'Allow the appeal.' 'Remit the sentencing proceedings to the District Court for [de]termination in accordance with law.']