AB v The Queen

The High Court of Australia heard an appeal by AB against the severity of a sentence imposed for 67 sexual offences committed against 15 children over a decade. The appellant's primary argument was that he was entitled to a significant reduction in his sentence because he voluntarily confessed to numerous additional offences beyond those for which he was extradited from the United States.

The central legal issue before the High Court was whether the sentencing court was obliged to give substantial weight to the appellant's confession of offences not forming the basis of his extradition, and his non-insistence on the rule of speciality, when determining his sentence. A further issue concerned whether a new ground of appeal, not expressly raised in the lower courts, could and should be allowed by the High Court.

The High Court allowed the appeal, finding that the Court of Criminal Appeal had erred in dismissing the appellant's appeal against sentence. The majority reasoned that the sentencing judge had improperly treated the appellant's confession and disclosure of additional offences as merely a matter of self-interest, rather than a significant factor warranting a substantial discount. The Court held that the public interest in encouraging such confessions, which facilitates the administration of justice by bringing all relevant offending to light, should have been given greater consideration. The matter was remitted to the Court of Criminal Appeal for re-sentencing.