DL v. The Queen
Case No.
S309/2017
Case Information
Lower Court Judgment
13/04/2017 Supreme Court of New South Wales (Court of Criminal Appeal) (Leeming JA, Rothman J, Wilson J)
Catchwords
Criminal law – Appeal against sentence – Muldrock error – Miscarriage of justice – Where appellant convicted of murder – Where primary judge sentenced appellant to 22 years’ imprisonment with non-parole period of 17 years – Where appellant appealed sentence to Court of Criminal Appeal – Where Crown conceded in light of Muldrock v The Queen (2011) 44 CLR 120 that primary judge erred in application of standard non-parole period legislation – Where majority of Court of Criminal Appeal dismissed appeal, holding no lesser sentence warranted – Whether Court of Criminal Appeal denied appellant procedural fairness – Whether majority of Court of Criminal Appeal erred in substituting aggravated factual findings in absence of challenge to primary judge’s findings in circumstances where majority held findings open to primary judge.
Documents
15/12/2017 Hearing (SLA, Sydney)
21/12/2017 Notice of appeal
02/02/2018 Written submissions (Appellant)
02/02/2018 Chronology (Appellant)
02/03/2018 Written submissions (Respondent)
23/03/2018 Reply
11/05/2018 Hearing (Full Court, Canberra) (Audio-visual recording)
11/05/2018 Outline of oral argument (Appellant)
11/05/2018 Outline of oral argument (Respondent)
08/08/2018 Judgment (Judgment summary)