R H McL v The Queen

[2000] HCA 46
Judgment date
Case number
M95/1999
Before
Gleeson CJ, Gaudron, McHugh, Gummow, Kirby, Hayne, Callinan JJ
Catchwords

Sentencing – Power of Court of Appeal to re-sentence on remaining convictions after quashing some convictions - Counts properly joined - No appeal against sentence by either Crown or appellant - Principles of proportionality and totality - Whether Court of Appeal had power to increase the sentences of the appellant on the remaining convictions - Whether Court of Appeal gave adequate reasons for increase in sentence - Whether substituted sentence ordinarily subject to ceiling on total punishment so appellant not exposed to risk of increased punishment following a successful appeal.

Words and phrases – "totality principle", "ceiling principle".

Crimes Act 1958 (Vic) – s 569(1).

Sentencing Act 1991 (Vic) – s 16(3A).

Files
46.rtf (91.62 KB)
46.pdf (198.08 KB)