Stanley v Director of Public Prosecutions (NSW)Citation:[2023] HCA 3Before:Kiefel CJ, Gageler, Gordon, Edelman, Steward, Gleeson, Jagot JJDate:15 Feb 2023Case Number:S126/2022Read more
A sentencing judge's failure to undertake the assessment required by s 66(2) of the Crimes (Sentencing Procedure) Act 1999 (NSW) constitutes jurisdictional error, as it is a statutory precondition to the exercise of the power to make an intensive correction order.
- Parties
- Applicant: Unknown Applicant; Respondent: Unknown Respondent
- Jurisdiction
- Australia
- Judgment Date
- 15 February 2023
- Procedural Posture
- Judicial Review / Judgment
- Outcome
- Allowed
- Legal Topics
- Jurisdictional Error, Sentencing Powers, Intensive Correction Order, Community Safety
Case Brief
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Parties
Unknown Applicant
Applicant
Unknown Respondent
Respondent
Procedural Posture
Judicial Review / Judgment
Legal Issues
- 1 Whether failure to comply with s 66(2) of the Crimes (Sentencing Procedure) Act 1999 (NSW) amounted to jurisdictional error
- 2 Whether the sentencing judge undertook the required assessment of community safety in accordance with s 66
Ratio Decidendi
A sentencing judge's failure to undertake the assessment required by s 66(2) of the Crimes (Sentencing Procedure) Act 1999 (NSW) constitutes jurisdictional error, as it is a statutory precondition to the exercise of the power to make an intensive correction order.
Court Disposition
Allowed
Orders
- The appeal is allowed.
- The decision of the sentencing judge is set aside.
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