High Court of Australia

York v The Queen [2005] HCA 60

225 CLR 466; 79 ALJR 1919; 221 ALR 541

6 Oct 2005

Case Number: B79/2004

Before

Gleeson CJ, McHugh, Hayne, Callinan, Heydon JJ

Catchwords

Criminal law – Sentencing - Appellant pleaded guilty to serious drug offences - Appellant cooperated with prosecuting authorities to secure murder conviction - Evidence that the appellant's life would be endangered in prison - Appellant sentenced at first instance to a wholly suspended term of imprisonment because of that risk - Attorney-General's appeal alleging the sentence was manifestly inadequate - Court of Appeal re-sentenced the appellant to serve a term of actual imprisonment - Whether appropriate to wholly suspend sentence - Whether sentencing judge entitled to take into account risk to appellant's safety whilst serving a term of imprisonment.

Criminal Code (Q) – ss 669A(1), 671B Penalties and Sentences Act 1992 (Q), s 9 Criminal Code (WA), s 689(3)

Words and Phrases – "unfettered discretion".

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