Case S123/2019

HT v. The Queen & Anor

Case No.

S123/2019

Case Information

Lower Court Judgment

17/07/2017 Supreme Court of New South Wales (Court of Criminal Appeal) (Hoeben CJ at CL, R A Hulme & Garling JJ)

unreported decision

Catchwords

Criminal law – Procedural fairness – Public interest immunity – Where appellant pleaded guilty to five counts of obtaining money by deception and six counts of dishonestly obtaining a financial advantage by deception – Where Crown appeal resulted in longer sentence of imprisonment – Where appellant, as respondent to Crown appeal, was denied access to evidence admitted in sentencing proceedings which provided basis for reduction in sentence – Whether appellant was denied procedural fairness at hearing of Crown appeal against sentence by being refused access to evidence regarding her assistance to authorities on basis of public interest immunity – Whether Court of Criminal Appeal erred in exercising its discretion in s 5D of Criminal Appeal Act 1912 (NSW) to vary sentence imposed on appellant.

Short particulars

Documents

12/04/2019 Hearing (SLA, Sydney)

24/04/2019 Notice of appeal

31/05/2019 Written submissions (Appellant)

31/05/2019 Chronology (Appellant)

25/06/2019 Hearing (Single Justice, Sydney)

28/06/2019 Written submissions (Second Respondent)

03/07/2019 Written submissions (First Respondent)

26/07/2019 Reply (Appellant)

10/09/2019 Hearing (Full Court, Canberra)

13/11/2019 Judgment (Judgment summary)