Elliott v The Queen

Criminal law – Criminal appeals – Jurisdiction of Court of Criminal Appeal – The appellants were sentenced to life imprisonment and were subject to a non-release recommendation made by the sentencing judge – Whether the non-release recommendation was a "sentence" or "order" for the purposes of an appeal pursuant to s 5 of the Criminal Appeal Act 1912 (NSW).

Courts – Judgments – Circumstances in which judgments may be reopened – Earlier order not perfected – Relevance of subsequent legislative changes – Whether Court of Criminal Appeal erred in refusing leave to reopen judgment.

Words and Phrases – "non-release recommendation", "order", "reopen", "sentence".

Crimes Act 1900 (NSW) – ss 19, 442.

Criminal Appeal Act 1912 (NSW) – ss 3, 5, 6.

Sentencing Act 1989 (NSW) – s 13A.

Crimes (Sentencing Procedure) Amendment (Existing Life Sentences) Act 2005 (NSW) – Sched 1 Item 1.