Geddes v The Queen

Geddes has appealed against his conviction and sentence for various drug-related offences. The appeal was heard in the High Court of Australia. The primary issues before the Court were whether any error was evident in the sentencing judge's remarks during the hearing and whether the sentencing judge erred in failing to account for the appellant's placement in protective custody when determining his sentence.

The Court found that the sentencing judge had not erred in his remarks during the hearing, as the comments did not impact the fairness of the proceedings or the sentence imposed. However, the Court found that the sentencing judge had indeed erred in not taking into account the appellant's placement in protective custody. The Court held that the appellant's placement in protective custody was a relevant consideration in determining the appropriate sentence, as it reflected the appellant's vulnerability and the need for protection from other prisoners. The Court found that the sentencing judge's failure to consider this factor constituted an error of law, which required the sentence to be set aside and the case to be remitted for re-sentencing.

The High Court set aside the appellant's sentence and remitted the case to the sentencing judge for re-sentencing, taking into account the appellant's placement in protective custody. The Court did not address the appeal against conviction, as it was not necessary to do so given the outcome of the appeal against sentence.