Barbaro v The Queen

Zirilli v The Queen [2014] HCA 2
Judgment date
Case number
M3/2013
M1/2013
Before
French CJ, Hayne, Kiefel, Bell, Gageler JJ
Catchwords

Criminal law – Sentence – Principles – Applicants pleaded guilty to offences against laws of Commonwealth after prosecution expressed views about available range of sentences that could be imposed on each applicant – Sentencing judge refused to receive submission from prosecution about available range of sentences – Whether duty of prosecution to make submission as to available range of sentences – Whether submission as to range amounts to submission of law – Whether failure to receive prosecution submission as to range procedurally unfair – Whether failure to receive prosecution submission as to range failure to take account of relevant consideration.

Words and phrases – "available range of sentences", "submission of law".

Crimes Act 1914 (Cth) – Pt IB.

Files
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