DL v The Queen (No 2)

The appellant, DL, was convicted of the murder of a juvenile victim and was sentenced to a term of imprisonment. DL sought an extension of time to lodge an appeal against sentence, which was initially denied by the Court of Appeal. DL subsequently applied to the High Court for an extension of time and leave to appeal on the basis that the Court of Appeal had failed to consider all relevant material and had erred in its assessment of the appropriate sentence. The primary issue before the High Court was whether an extension of time should be granted, and if so, whether the appeal against sentence should be allowed.

The High Court found that the Court of Appeal had indeed erred in its assessment of the appropriate sentence, primarily due to a failure to consider the relevant sentencing principles for juvenile offenders and victims. The High Court acknowledged that the error was significant and constituted a substantial miscarriage of justice. The Court also noted the appellant's youth and the seriousness of the crime, which warranted a thorough review of the sentence. Despite the appellant's concession of error, the High Court found that the circumstances warranted granting an extension of time and leave to appeal. However, upon review, the High Court found that the sentence was ultimately appropriate and dismissed the appeal.

The High Court granted the application for an extension of time and leave to appeal, but dismissed the appeal against sentence. The majority of the Court found that the original sentence was not manifestly excessive or inappropriate, and therefore the appeal was dismissed. The Court emphasised the importance of proper consideration of sentencing principles, particularly in cases involving juvenile offenders and victims. The Court did not make any orders beyond dismissing the appeal and confirming the original sentence.