Full Court Minute Books

Case S44/2023

Delzotto v. The King

Case No.

Case no S44/2023

Case Information

Lower Court Judgment

06/06/2022 Supreme Court of New South Wales (Court of Criminal Appeal) (Beech-Jones CJ, RA Hulme & Adamson JJ)

[2022] NSWCCA 117


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).


21/04/2023 Hearing (SLA, Canberra)

04/05/2023 Notice of appeal

09/06/2023 Written submissions (Appellant)

09/06/2023 Chronology (Appellant)

22/06/2023 Written submissions (North Australian Aboriginal Justice Agency, seeking leave to be heard as amicus curiae)

07/07/2023 Written submissions (Respondent)

28/07/2023 Reply

09/11/2023 Hearing (Full Court, Canberra) (Audio-visual recording)

09/11/2023 Outline of oral argument (Appellant)

09/11/2023 Outline of oral argument (Respondent)