Dinsdale v The Queen

[2000] HCA 54
Judgment date
Case number
P42/2000
Before
Gleeson CJ, Gaudron, Gummow, Kirby, Hayne JJ
Catchwords

Criminal law – Sentencing - Crown appeals against sentence - Circumstances in which Court of Criminal Appeal should allow appeal against sentence and substitute its own sentence - Necessity to find and identify error before allowing appeal - Whether failure to do so in reasons of Court of Criminal Appeal.

Criminal law – Sentencing - Crown appeals against sentence - Circumstances in which judicial discretion to suspend sentence should be exercised - Whether power to suspend sentence is confined by reference wholly, mainly or specially to the effect on rehabilitation of the offender.

Criminal Code (WA) – s 688.

Sentencing Act 1995 (WA) – ss 39(2), 76.

Files
54.rtf (64.86 KB)
54.pdf (120.25 KB)