High Court Registry closure

The High Court Registry will be closed from 4.00pm on Wednesday, 24 December 2025 and will re-open at 9:00am on Friday, 2 January 2026.

Any party seeking to file a document due to be filed between 25 December 2025 and 1 January 2026 has an automatic extension of time under the  High Court Rules 2004 (Rule 4.01.5) until 4:00pm on Friday, 2 January 2026 to file the document. Any documents lodged between 25 December 2025 and 1 January 2026 will be reviewed on 2 January 2026.

All inquiries for the High Court will be considered when the Registry re-opens on Friday, 2 January 2026.If a matter is of extreme urgency, you may telephone 1800 570 566, select Option 1 and leave a voicemail. In addition provide details by email to: registry@hcourt.gov.au.

Zirilli v. The Queen

Case No. M1/2013
Case information

Lower Court Judgment

30/11/2012 Supreme Court of Victoria (Court of Appeal) (Maxwell P, Harper JA and T Forrest JA)

[2012] VSCA 288

Catchwords

Criminal law – Sentencing – Crown submission on sentencing range – Appellants convicted of conspiracy to traffic in commercial quantity of controlled drug and sentenced to 26 years imprisonment – Trial judge refused to hear prosecution’s submission on appropriate sentencing range and imposed sentences higher than the range the prosecutor would have proposed – Whether trial judge erred in refusing to hear the prosecution’s submission on sentencing range – Whether refusal to hear prosecutions’ submission on sentencing range constitutes a denial of procedural fairness – Whether prosecution’s submission on sentencing range was a relevant consideration in sentencing – Whether R v MacNeil-Brown (2008) 20 VR 677 is good law.

Short Particulars

Documents

02/01/2013 Application for special leave to appeal

16/08/2013 Hearing (SLA, Melbourne)

02/10/2013 Written submissions (Applicant)

02/10/2013 Chronology

23/10/2013 Written submissions (Respondent)

30/10/2013 Written submissions (Director of Public Prosecutions (Victoria) seeking leave to intervene)

06/11/2013 Reply

27/11/2013 Hearing (Full Court, Canberra) (Audio-visual recording)

12/02/2014 Judgment  (Judgment summary)