Involves backdating


04-May-2020 11:01

[Emphasis in original.] in considering the sufficiency of sentences passed on federal offenders at first instance, intermediate appellate courts should not depart from what is decided by other Australian intermediate appellate courts, unless convinced that the decision is plainly wrong.where a State court is required to sentence an offender for a federal offence, the need for sentencing consistency throughout Australia requires the court to have regard to sentencing practices across the country and to follow decisions of intermediate appellate courts in other States and Territories unless convinced that they are plainly wrong.comparable cases decided by intermediate courts of appeal provide the most useful guidance to a sentencing judge.An appellate court’s reasons reveal the mix of factors that were taken into account and will usually involve consideration of the appropriateness of the sentence imposed at first instance.French CJ, Keane and Nettle JJ in a plurality judgment in The Queen v Pham said at [24]: a federal offence is, in effect, an offence against the whole Australian community and so the offence is the same for every offender throughout the Commonwealth.Hence, in the absence of a clear statutory indication of a different purpose or other justification, the approach to the sentencing of offenders convicted of such a crime needs to be largely the same throughout the Commonwealth.This “involves, amongst other things, reasonable consistency”: Wong v The Queen (2001) 207 CLR 584 per Gleeson CJ at [6].

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The administration of criminal justice should be systematically fair.

Hili at [57] was applied in The Queen v Pham at [18], [36].



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