High Court of Australia

Barbaro v The Queen [2014] HCA 2

Zirilli v The Queen

88 ALJR 372; 305 ALR 323

12 Feb 2014

Case Number: M3/2013 M1/2013

Before

French CJ, Hayne, Kiefel, Bell, Gageler JJ

Catchwords

Criminal law – Sentence – Principles – Applicants pleaded guilty to offences against laws of Commonwealth after prosecution expressed views about available range of sentences that could be imposed on each applicant – Sentencing judge refused to receive submission from prosecution about available range of sentences – Whether duty of prosecution to make submission as to available range of sentences – Whether submission as to range amounts to submission of law – Whether failure to receive prosecution submission as to range procedurally unfair – Whether failure to receive prosecution submission as to range failure to take account of relevant consideration.

Words and phrases – "available range of sentences", "submission of law".

Crimes Act 1914 (Cth) – Pt IB.

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