HT v. The Queen & Anor

Lower Court Judgment

17/07/2017 Supreme Court of New South Wales (Court of Criminal Appeal) (Hoeben CJ at CL, R A Hulme & Garling JJ)

unreported decision

Catchwords

Criminal law – Procedural fairness – Public interest immunity – Where appellant pleaded guilty to five counts of obtaining money by deception and six counts of dishonestly obtaining a financial advantage by deception – Where Crown appeal resulted in longer sentence of imprisonment – Where appellant, as respondent to Crown appeal, was denied access to evidence admitted in sentencing proceedings which provided basis for reduction in sentence – Whether appellant was denied procedural fairness at hearing of Crown appeal against sentence by being refused access to evidence regarding her assistance to authorities on basis of public interest immunity – Whether Court of Criminal Appeal erred in exercising its discretion in s 5D of Criminal Appeal Act 1912 (NSW) to vary sentence imposed on appellant.

Short particulars