High Court of Australia

Wong v The Queen [2001] HCA 64

Leung v The Queen

207 CLR 584; 76 ALJR 79; 185 ALR 233

15 Nov 2001

Case Number: S193/2000 S198/2000

Before

Gleeson CJ, Gaudron, Gummow, Kirby, Hayne, Callinan JJ

Catchwords

Criminal law – Sentencing - Federal offences - Guideline judgments - Appellants convicted of being knowingly concerned in the importation of narcotics - Whether Court of Criminal Appeal erred in failing to give adequate reasons for increasing sentences imposed by trial judge - Whether Court of Criminal Appeal erred in disturbing sentences without identifying a relevant error - Whether Court of Criminal Appeal erred in failing to take adequately into account the nature of a prosecution appeal - Whether Court of Criminal Appeal erred in publishing "quantitative guideline" - Whether such guidelines inconsistent with applicable legislation - Matters to which court to have regard when passing sentence - Significance of weight of narcotics - Whether "two-stage" approach to sentencing open - Whether publication of prescriptive table of sentences within jurisdiction or power of Court of Criminal Appeal when exercising federal jurisdiction.

Constitutional law – Federal legislation providing for sentencing of convicted federal offenders - State court of criminal appeal publishes "quantitative guidelines" - Whether "promulgation" of guidelines incompatible with the exercise of federal jurisdiction by State court - Whether incompatible with decision of a "matter" within Ch III of the Constitution - Whether inconsistent with terms of federal legislation applicable to the case.

Constitution – s 77(iii).

Crimes Act 1914 (Cth) – s 16A.

Customs Act 1901 (Cth) – s 235(2)(c)(ii).

Judiciary Act 1903 (Cth) – s 68.

Criminal Appeal Act 1912 (NSW) – ss 5D and 12.
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