Park v The Queen [2021] HCA 37 (10 November 2021) (Kiefel CJ, Gageler, Keane, Edelman and Gleeson JJ)


Catchwords:


Criminal law – Sentence – Plea of guilty – Where appellant sentenced in District Court of New South Wales for multiple offences including taking a conveyance without consent of owner contrary to s 154A(1)(a) of Crimes Act 1900 (NSW) (“offence”) – Where maximum penalty for offence five years’ imprisonment – Where offence dealt with as a “related offence” under s 165 of Criminal Procedure Act 1986 (NSW) – Where sentencing court subject to jurisdictional limit of two years’ imprisonment for offence – Where s 22(1) of Crimes (Sentencing Procedure) Act 1999 (NSW) provided sentencing court may impose lesser penalty than it would otherwise have imposed but for plea of guilty – Where sentencing judge awarded 25% discount for guilty plea for offence – Where indicative sentence of two years and eight months’ imprisonment exceeded jurisdictional limit – Whether sentence that court “would otherwise have imposed” can exceed jurisdictional limit.

Words and phrases – “aggregate sentence”, “appropriate sentence”, “discount to the sentence”, “guilty plea”, “indicative sentence”, “jurisdictional limit”, “lesser penalty than it would otherwise have imposed”, “maximum penalty”, “plea of guilty”, “sentence in excess of the jurisdictional limit”.