Full Court Minute Books

Case S309/2017

DL v. The Queen

Case No.

S309/2017

Case Information

Lower Court Judgment

13/04/2017 Supreme Court of New South Wales (Court of Criminal Appeal) (Leeming JA, Rothman J, Wilson J)

[2017] NSWCCA 58

Catchwords

Criminal law – Appeal against sentence – Muldrock error – Miscarriage of justice – Where appellant convicted of murder – Where primary judge sentenced appellant to 22 years’ imprisonment with non-parole period of 17 years – Where appellant appealed sentence to Court of Criminal Appeal – Where Crown conceded in light of Muldrock v The Queen (2011) 44 CLR 120  that primary judge erred in application of standard non-parole period legislation – Where majority of Court of Criminal Appeal dismissed appeal, holding no lesser sentence warranted – Whether Court of Criminal Appeal denied appellant procedural fairness – Whether majority of Court of Criminal Appeal erred in substituting aggravated factual findings in absence of challenge to primary judge’s findings in circumstances where majority held findings open to primary judge.

Short particulars

Documents

15/12/2017 Hearing (SLA, Sydney)

21/12/2017 Notice of appeal

02/02/2018 Written submissions (Appellant)

02/02/2018 Chronology (Appellant)

02/03/2018 Written submissions (Respondent)

23/03/2018 Reply

11/05/2018 Hearing (Full Court, Canberra) (Audio-visual recording)

11/05/2018 Outline of oral argument (Appellant)

11/05/2018 Outline of oral argument (Respondent)