High Court of Australia

Achurch v The Queen [2014] HCA 10

88 ALJR 490; 306 ALR 566

2 Apr 2014

Case Number: S276/2013


French CJ, Crennan, Kiefel, Bell, Gageler JJ


Criminal law – Sentence – Appellant convicted of drug crimes and sentenced – Crown successfully appealed against sentences – Court of Criminal Appeal applied reasoning held to be erroneous in Muldrock v The Queen (2011) 244 CLR 120 in re-sentencing appellant – Appellant applied under s 43 of Crimes (Sentencing Procedure) Act 1999 (NSW) for re-sentencing proceedings to be re-opened – Court of Criminal Appeal dismissed application – Where sentences imposed by re-sentencing court open at law – Whether sentences imposed "contrary to law".

Words and phrases – "contrary to law", "principle of finality".

Crimes (Sentencing Procedure) Act 1999 (NSW) – ss 43(1), 43(2).

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