High Court of Australia

Cecil v Director of Public Prosecutions (Nauru) [2017] HCA 46

Kepae v Director of Public Prosecutions (Nauru)

Jeremiah v Director of Public Prosecutions (Nauru)

20 Oct 2017

Case Number: S117/2017 S118/2017 S119/2017

Before

Kiefel CJ, Gageler, Keane JJ

Catchwords

Criminal law – Appeal – Supreme Court of Nauru – Appeals Act 1972 (Nr) – Where Act entitles Director of Public Prosecutions to bring appeal against sentence – Where Act gives Supreme Court discretion on appeal to substitute own sentence for sentence of District Court – Where Supreme Court substituted own sentences for sentences of District Court without identifying error by District Court – Where sentences substituted by Supreme Court significantly higher than sentences passed by District Court – Where Supreme Court wrongly concluded it was not required to find error affecting District Court's exercise of sentencing discretion – Where possible to infer Supreme Court considered it would give significantly higher sentences if sentencing afresh – Whether discretion to substitute sentence enlivened – Whether possible to infer Supreme Court considered District Court's sentences manifestly inadequate.

Words and phrases – "discretion to substitute a sentence", "manifestly inadequate", "sentencing discretion".

Appeals Act 1972 (Nr) – ss 3(3), 14(4), 43.

Judiciary Act 1903 (Cth) – s 26.

Nauru (High Court Appeals) Act 1976 (Cth).
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