York v The Queen

Criminal law – Sentencing - Appellant pleaded guilty to serious drug offences - Appellant cooperated with prosecuting authorities to secure murder conviction - Evidence that the appellant's life would be endangered in prison - Appellant sentenced at first instance to a wholly suspended term of imprisonment because of that risk - Attorney-General's appeal alleging the sentence was manifestly inadequate - Court of Appeal re-sentenced the appellant to serve a term of actual imprisonment - Whether appropriate to wholly suspend sentence - Whether sentencing judge entitled to take into account risk to appellant's safety whilst serving a term of imprisonment.

Criminal Code (Q) – ss 669A(1), 671B Penalties and Sentences Act 1992 (Q), s 9 Criminal Code (WA), s 689(3)

Words and Phrases – "unfettered discretion".