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)
Catchwords
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).
Documents*
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)
13/03/2024 Judgment (Judgment summary)
Audio-visual recordings of Full Court hearings heard in Canberra
Case: LANG V THE QUEEN
Date: 12 May 2023
Transcript: Hearing
AV time: 3h 20m
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Audio-visual recordings of Full Court hearings heard in Canberra
Case: AZC20 V MINISTER FOR IMMIGRATION, CITIZENSHIP, MIGRANT SERVICES AND MULTICULTURAL AFFAIRS & ORS (two appeals)
Date: 11 May 2023
Transcript: Hearing
AV time: 4h 40m
You accept the terms of use (below) by playing this audio-visual recording.
Terms of use
Access to the audio-visual recordings of the Court is subject to the following conditions:
(1) You will not record, copy, modify, reproduce, publish, republish, upload, post, transmit, broadcast, rebroadcast, store, distribute or otherwise make available, in any manner, any proceeding or part of any proceeding, other than with prior written approval of the Court. However, schools and universities may broadcast/rebroadcast proceedings in a classroom setting for educational purposes without prior written approval.
(2) The audio-visual material available via our web-site of Court proceedings does not constitute the official record of the Court.
(3) Copyright of the footage of the proceedings is retained by the Court.
By clicking "play" (the triangle controls on the video player), you agree to be bound by these terms of use.
Audio-visual recordings of Full Court hearings heard in Canberra
Case: QANTAS AIRWAYS LIMITED & ANOR V TRANSPORT WORKERS UNION OF AUSTRALIA
Date: 10 May 2023
Transcript: Hearing
AV time: 1h 59m
You accept the terms of use (below) by playing this audio-visual recording.
Terms of use
Access to the audio-visual recordings of the Court is subject to the following conditions:
(1) You will not record, copy, modify, reproduce, publish, republish, upload, post, transmit, broadcast, rebroadcast, store, distribute or otherwise make available, in any manner, any proceeding or part of any proceeding, other than with prior written approval of the Court. However, schools and universities may broadcast/rebroadcast proceedings in a classroom setting for educational purposes without prior written approval.
(2) The audio-visual material available via our web-site of Court proceedings does not constitute the official record of the Court.
(3) Copyright of the footage of the proceedings is retained by the Court.
By clicking "play" (the triangle controls on the video player), you agree to be bound by these terms of use.
Audio-visual recordings of Full Court hearings heard in Canberra
Case: QANTAS AIRWAYS LIMITED & ANOR VTRANSPORT WORKERS UNION OF AUSTRALIA
Date: 09 May 2023
Transcript: Hearing
AV time: 4h 30m
You accept the terms of use (below) by playing this audio-visual recording.
Terms of use
Access to the audio-visual recordings of the Court is subject to the following conditions:
(1) You will not record, copy, modify, reproduce, publish, republish, upload, post, transmit, broadcast, rebroadcast, store, distribute or otherwise make available, in any manner, any proceeding or part of any proceeding, other than with prior written approval of the Court. However, schools and universities may broadcast/rebroadcast proceedings in a classroom setting for educational purposes without prior written approval.
(2) The audio-visual material available via our web-site of Court proceedings does not constitute the official record of the Court.
(3) Copyright of the footage of the proceedings is retained by the Court.
By clicking "play" (the triangle controls on the video player), you agree to be bound by these terms of use.