AC v R

AC was appealing against his sentence, imposed by the Supreme Court, for offences committed under section 61M(2) of the Crimes Act 1900 (NSW) prior to 1 January 2008. The primary issue before the Court of Criminal Appeal was the correct standard non-parole period to be applied to such offences, specifically whether the 2018 amendments to the Crimes (Sentencing Procedure) Act 1999 (NSW) had the effect of limiting the retrospective application of the higher standard non-parole period of 8 years. The Court also needed to determine whether the reasoning and conclusion in GL v R [2022] NSWCCA 202 should be followed.

In reaching its decision, the Court examined the principles of statutory interpretation and the constraints of precedent. It considered the statutory language and legislative history, as well as the principles of restraint outlined in Gett v Tabet (2009) 109 NSWLR 1; [2009] NSWCA 76. The Court concluded that the 2018 amendments did not limit the retrospective application of the higher standard non-parole period, thereby adopting the reasoning in GL v R. The Court held that the principles in Gett do not strictly confine departure from previous decisions to the ratio decidendi, and that a finding of error in sentencing discretion can form part of the ratio decidendi even if the appeal is dismissed.

The Court of Criminal Appeal allowed the appeal, set aside the sentence imposed by the Supreme Court, and ordered the imposition of a new sentence with a non-parole period of 8 years.