Full Court Minute Books

Case S76/2023

Xerri v. The King

Case No.

Case no S76/2023

Case Information

Lower Court Judgment

12/11/2021 Supreme Court of New South Wales (Court of Criminal Appeal) (Bell P, Price & Hamill JJA)

[2021] NSWCCA 268


Sentence – Maximum penalty – Where appellant sentenced in respect of offence of persistent sexual abuse of child contrary to s 66EA(1) of Crimes Act 1900 (NSW) – Where maximum penalty at time of sentence was life imprisonment and a discounted sentence was assessed on that basis – Where maximum penalty at time of offending was 25 years imprisonment – Where s 66EA repealed and reconstituted by Criminal Legislation Amendment (Child Sexual Abuse) Act 2018 (NSW) – Where s 19(1) of Crimes (Sentencing Procedure) Act 1999 (NSW) provides if Act increases penalty for offence, increased penalty applies only to offences committed after commencement of provision of Act increasing penalty – Where majority of NSW Court of Criminal Appeal held it correct for appellant to be sentenced on basis that maximum penalty life imprisonment – Whether maximum penalty life imprisonment or 25 years for purposes of sentencing – Whether s 66EA of Crimes Act, as amended, a "new offence" or existing offence that has been reformulated, refined and improved – Whether s 19(1) of Crimes (Sentencing Procedure) Act precludes retrospective application of increased maximum penalty for offence without express provision in offence as to disapplication of s 19(1).


16/06/2023 Hearing (SLA, Canberra by video connection)

30/06//2023 Notice of appeal

07/08/2023 Written submissions (Appellant)

04/08/2023 Chronology (Appellant)

01/09/2023 Written submissions (Respondent)

15/09/2023 Reply

18/10/2023 Hearing (Full Court, Canberra) (Audio-visual recording)

18/10/2023 Outline of oral argument (Appellant)

18/10/2023 Outline of oral argument (Respondent)

06/03/2024 Judgment (Judgment summary)


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