Farrugia v. The King

Lower Court Judgment

09/04/2025 Supreme Court of New South Wales (Court of Criminal Appeal) (Price AJA, Campbell and Hamill JJ)

[2025] NSWCCA 49

Catchwords

Criminal law – sentence – miscarriage of justice – whether conflict of interest in counsel appearing for two offenders in sentencing proceeding – where submissions made on issue of parity between two offenders favourable to one co-offender but adverse to the other – whether practical injustice suffered through loss of opportunity to make representations –whether Court of Appeal erred by failing to find a conflict of interest which gave rise to a material irregularity or a significant possibility of such irregularity adversely affecting the sentence imposed