The Queen v GuodeCitation:[2020] HCA 8Before:Kiefel CJ, Gageler, Nettle, Gordon, Edelman JJDate:18 Mar 2020Case Number:M75/2019Read more

The Queen v GuodeCitation:[2020] HCA 8Before:Kiefel CJ, Gageler, Nettle, Gordon, Edelman JJDate:18 Mar 2020Case Number:M75/2019Read more

The Court of Appeal erred by evaluating the sentences for murder and attempted murder in light of the lesser maximum penalty for infanticide, as the offences are distinct and must be sentenced according to their own statutory frameworks.

Parties
Appellant: The Queen; Respondent: The Respondent
Jurisdiction
Australia
Judgment Date
18 March 2020
Procedural Posture
Criminal Appeal / Judgment
Outcome
Appeal allowed
Legal Topics
Sentencing, Irrelevant Consideration, Infanticide, Murder, Attempted Murder
Criminal Law Sentencing Irrelevant Consideration Infanticide Murder Attempted Murder

Case Brief

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Parties

The Queen

Appellant

The Respondent

Respondent

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 Whether the Court of Appeal erred by evaluating the appropriateness of sentences for murder and attempted murder in light of the lesser maximum penalty for infanticide.

Ratio Decidendi

The Court of Appeal erred by evaluating the sentences for murder and attempted murder in light of the lesser maximum penalty for infanticide, as the offences are distinct and must be sentenced according to their own statutory frameworks.

Court Disposition

Appeal allowed

Orders

  • The appeal is allowed.
  • The sentences imposed by the Court of Appeal are set aside.