High Court of Australia

Elias v The Queen [2013] HCA 31

Issa v The Queen

248 CLR 483; 87 ALJR 895; 298 ALR 637

27 Jun 2013

Case Number: M29/2013 M25/2013

Before

French CJ, Hayne, Kiefel, Bell, Keane JJ

Catchwords

Criminal law – Sentence – Where offence carries higher maximum penalty than other offence for which offender could have been prosecuted – Whether sentencing judge required to take lesser maximum penalty for other offence into account as mitigating factor – Whether R v Liang (1995) 124 FLR 350 should be followed.

Criminal law – Respective roles of prosecution and sentencing judge – Whether appropriate for sentencing judge to have regard to other offence which judge considers as appropriate or more appropriate to facts of case.

Sentencing Act 1991 (Vic) – s 5(1), (2).
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