Hurt v. The King
Case No.
Case no C7 and C8/2023
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
09/06/2023 Written submissions (Appellant)
09/06/2023 Chronology (Appellant)
07/07/2023 Written submissions (Respondent)
28/07/2023 Reply
*The due dates shown for documents on this page are indicative only.