HCA: prosecution proferring range on sentence

Barbaro v The Queen; Zirilli v The Queen [2014] HCA 2 (12 February 2014)


The appellant submitted the sentence was unfair because the judge refused to hear submissions as to sentence from the prosecution. The plea had been previously entered on the basis of the range of sentence discussed with the prosecution. The High Court unanimously rejected that a court was bound to receive submissions on sentence from the prosecution as it was a matter for the court to determine sentence and further more such submissions were an opinion and not a submission on law.

I refer you to the judgment summary.


Brisbane Barrister – David Cormack

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