Full Court Minute Books

Case D23/2019

Cumberland v. The Queen

Case No.


Case Information

Lower Court Judgment

19/06/2019 Supreme Court of the Northern Territory (Court of Criminal Appeal) (Grant CJ, Kelly J, Barr J, Hiley J, Riley AJ)

[2019] NTCCA 14 and [2019] NTCCA 13


Criminal law – Crown appeal – Re-sentencing – Where appellant pled guilty to six counts relating to selling cannabis and MDMA – Whether Court of Criminal Appeal (“CCA”) erred when re-sentencing in failing to take into account delay and its effect on appellant, submissions of prosecution at sentencing, appellant’s age and prospects of rehabilitation, and relevant developments since sentencing – Whether CCA erred in separately determining that appeal should be allowed when principles to be applied and circumstances applicable at time of any re-sentencing unknown – Whether CCA failed to accord appellant procedural fairness.

Short Particulars


11/12/2019 Determination (SLA, Sydney)

24/12/2019 Notice of appeal

29/01/2020 Written submissions (Appellant)

29/01/2020 Chronology (Appellant)

27/02/2020 Written submissions (Respondent)

18/03/2020 Reply

15/04/2020 Hearing (Full Court, Canberra) (Audio-visual recording)
(Including pronouncement of orders)

15/04/2020 Outline of oral argument (Appellant)

15/04/2020 Outline of oral argument (Respondent)

03/06/2020 Judgment (Judgment summary)