High Court of Australia

Betts v The Queen [2016] HCA 25

15 Jun 2016

Case Number: S281/2015

Before

French CJ, Kiefel, Bell, Gageler, Gordon JJ

Catchwords

Criminal law – Sentencing – Where appellant appealed against severity of sentences – Where additional material produced by appellant admitted on "usual basis" that it may be taken into account if appellate court came to re-sentence – Where additional material contained evidence inconsistent with appellant's case at sentence hearing – Where appellate court found error, engaged in re-sentencing appellant and refused to take into account additional material – Whether miscarriage of justice occasioned.

Words and phrases – "fresh evidence", "miscarriage of justice", "power of remittal", "re-sentencing discretion", "supplemental powers", "usual basis".

Criminal Appeal Act 1912 (NSW) – ss 5(1)(c), 6(3), 12.
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