CMB v Attorney-General (NSW)

The High Court of Australia considered an appeal by CMB against the Attorney-General (NSW). The dispute arose from the Attorney-General's appeal to the Court of Criminal Appeal (NSW) against sentences imposed on CMB for sexual offences committed against his daughter. The Court of Criminal Appeal had increased CMB's sentence significantly, and CMB sought to challenge this decision in the High Court.

The legal issues before the High Court included whether the Court of Criminal Appeal erred in its exercise of residual discretion to decline to interfere with the original sentences, whether it wrongly placed the onus on CMB regarding the exercise of that discretion, and whether it correctly applied section 23 of the Crimes (Sentencing Procedure) Act 1999 (NSW) and the principles concerning voluntary disclosure of guilt. These issues centred on the appropriate approach to sentencing when an offender voluntarily discloses further offences and the scope of appellate review of sentencing decisions.

The High Court found that CMB's grounds of appeal succeeded. It determined that the Court of Criminal Appeal had erred in its approach to the sentencing appeal. Consequently, the High Court allowed CMB's appeal, set aside the orders of the Court of Criminal Appeal, and remitted the matter back to that court for redetermination according to law.