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Betts v The Queen

[2016] HCA 25
Case number
S281/2015
Before
French CJ, Kiefel, Bell, Gageler, Gordon JJ
Catchwords

Criminal law – Sentencing – Where appellant appealed against severity of sentences – Where additional material produced by appellant admitted on "usual basis" that it may be taken into account if appellate court came to re-sentence – Where additional material contained evidence inconsistent with appellant's case at sentence hearing – Where appellate court found error, engaged in re-sentencing appellant and refused to take into account additional material – Whether miscarriage of justice occasioned.

Words and phrases – "fresh evidence", "miscarriage of justice", "power of remittal", "re-sentencing discretion", "supplemental powers", "usual basis".

Criminal Appeal Act 1912 (NSW) – ss 5(1)(c), 6(3), 12.

Files
25.rtf (196.06 KB)
25.pdf (161.75 KB)