High Court of Australia

HT v The Queen [2019] HCA 40

13 Nov 2019

Case Number: S123/2019


Kiefel CJ, Bell, Keane, Nettle, Gordon, Edelman JJ


Criminal practice – Appeal – Crown appeal against sentence – Procedural fairness – Where appellant provided assistance to law enforcement authorities – Where court required by statute to take assistance into account in sentencing – Where evidence of assistance kept confidential from appellant and appellant's legal representatives in sentencing proceedings – Where evidence contained highly sensitive criminal intelligence – Where appellant sought access to confidential evidence on appeal – Where Court of Criminal Appeal denied appellant access to confidential evidence on basis of public interest immunity – Where Court of Criminal Appeal exercised discretion under s 5D(1) of Criminal Appeal Act 1912 (NSW) to re-sentence – Whether appellant denied procedural fairness – Whether Court of Criminal Appeal had power to deny appellant access to the confidential evidence – Whether Court of Criminal Appeal should have declined to exercise discretion to re-sentence.

Words and phrases – "access to evidence", "assistance to law enforcement authorities", "confidential information", "Crown appeal against sentence", "discount in sentence", "evidence of assistance", "mitigating factor", "non-disclosure", "open justice", "procedural fairness", "public interest immunity", "residual discretion", "tailored order".

Court Suppression and Non –publication Orders Act 2010 (NSW), ss 7, 8.

Crimes (Sentencing Procedure) Act 1999 (NSW) – ss 21A, 23.

Criminal Appeal Act 1912 (NSW) – ss 5D(1), 12.

Evidence Act 1995 (NSW) – s 130.

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