Hili v The Queen

Jones v The Queen [2010] HCA 45
Judgment date
Case number
S142/2010
S143/2010
Before
French CJ, Gummow, Hayne, Heydon, Crennan, Kiefel, Bell JJ
Catchwords

Criminal law – Sentence - Principles - Federal offences - Applicants pleaded guilty to federal offences - Prosecution successfully appealed on ground of manifest inadequacy against head sentences and recognizance release orders imposed by sentencing judge - Court of Criminal Appeal stated that "the 'norm' for a period of mandatory imprisonment under the Commonwealth legislation is between 60 and 66% [of head sentence]" - Whether any judicially determined "norm" for ratio between time to be served in custody by federal offender and length of head sentence imposed - How consistency in federal sentencing to be achieved - Whether sentences imposed by sentencing judge manifestly inadequate - Whether Court of Criminal Appeal's reasons sufficient.

Words and phrases – "manifest inadequacy".

Crimes Act 1914 (Cth) – Pt IB.

Judiciary Act 1903 (Cth) – s 68.

Files
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