The Queen v Guode [2020] HCA 8

The Queen v Guode [2020] HCA 8

The Court of Appeal erred by treating the Crown's acceptance of the respondent's plea to infanticide as relevant to sentencing for murder and attempted murder, thereby allowing the infanticide sentencing regime to improperly affect those sentences, contrary to Parliament's intent. Sentencing for murder and attempted murder must not be informed by the unique infanticide regime but must rely solely on the relevant statutory maximums and established principles concerning mental impairment.

Parties
Appellant: The Queen; Respondent: Akon Guode
Jurisdiction
Australia
Judgment Date
18 March 2020
Procedural Posture
Criminal Appeal / High Court Determination on Appeal From Supreme Court of Victoria Court of Appeal
Outcome
Appeal allowed (Kiefel CJ, Gageler, Nettle JJ) / Appeal dismissed (Gordon, Edelman JJ)
Legal Topics
Sentencing, Irrelevant Consideration, Manifestly Excessive Sentence, Mental Impairment, Infanticide, Murder, Attempted Murder, Mitigating Factors
Criminal Law Sentencing Irrelevant Consideration Manifestly Excessive Sentence Mental Impairment Infanticide Murder Attempted Murder +1 more

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Parties

The Queen

Appellant

Akon Guode

Respondent

Procedural Posture

Criminal Appeal / High Court Determination on Appeal From Supreme Court of Victoria Court of Appeal

Legal Issues

  1. 1 Whether the acceptance of a plea of guilty to infanticide was a relevant consideration in sentencing for murder and attempted murder
  2. 2 Whether the Court of Appeal erred by evaluating sentences for murder and attempted murder in light of the maximum penalty for infanticide

Ratio Decidendi

The Court of Appeal erred by treating the Crown's acceptance of the respondent's plea to infanticide as relevant to sentencing for murder and attempted murder, thereby allowing the infanticide sentencing regime to improperly affect those sentences, contrary to Parliament's intent. Sentencing for murder and attempted murder must not be informed by the unique infanticide regime but must rely solely on the relevant statutory maximums and established principles concerning mental impairment.

Court Disposition

Appeal allowed (Kiefel CJ, Gageler, Nettle JJ) / Appeal dismissed (Gordon, Edelman JJ)

Orders

  • Appeal allowed.
  • Set aside the orders made by the Court of Appeal of the Supreme Court of Victoria on 16 August 2018.