The DLS Portal is offline for maintenance and upgrades until 8.00am (AEST) Monday, 15 September 2025.
Case information
Lower Court Judgment
30/09/2022 Supreme Court of the Australian Capital Territory (Loukas-Karlsson, Kennett & Rangiah JJ)
Catchwords
Criminal law – Sentencing – Mandatory minimum sentences – Sentencing discretion – Where s 16AAB of Crimes Act 1914 (Cth) imposes minimum sentences for certain offences – Whether minimum sentence to be regarded as base of range of appropriate sentence or minimum permissible sentence – Proper approach to minimum sentences – Whether proper approach involves sentencing judge having regard to minimum from outset as prescribing bottom of range of appropriate sentence, consistent with Bahar v The Queen (2011) 45 WAR 100 – Whether proper approach involves sentencing judge exercising sentencing discretion in usual way and only if proposed sentence falls below minimum penalty that minimum penalty has effect, consistent with approach in R v Pot, Wetangky and Lande (Supreme Court (NT), 18 January 2011, unrep).
Documents
21/04/2023 Hearing (SLA, Canberra)
04/05/2023 Notice of appeal
08/06/2023 Written submissions (Appellant - joint for both matters)
08/06/2023 Chronology (Appellant - joint for both matters)
22/06/2023 Written submissions (North Australian Aboriginal Justice Agency, seeking leave to be heard as amicus curiae)
07/07/2023 Written submissions (Respondent - joint for both matters)
19/07/2023 Reply
09/11/2023 Hearing (Full Court, Canberra) (Audio-visual recording)
08/11/2023 Outline of oral argument (Appellant - joint for both matters)
09/11/2023 Outline of oral argument (Respondent - joint for both matters)
13/03/2024 Judgment (Judgment summary)