Lehn v The Queen

In the case of Lehn v The Queen, the appellant, Lehn, appealed against his sentence on the basis of an alleged procedural error in the application of a discount for his guilty plea. The primary judge, having found that the discount was too low, ordered that a higher discount be applied, which reduced the sentence by one day. The High Court of Australia was tasked with determining whether the appellate court should re-exercise its sentencing discretion generally or only in respect of the discrete component affected by the error, and whether the sentence was manifestly excessive. The court held that the appellate court should only re-exercise its discretion in respect of the component affected by the error. It found that the sentence, while arguably at the upper end of the spectrum, was not manifestly excessive.

The primary issue before the court was the scope of the appellate court's discretion when correcting a procedural error in the application of a discount for a guilty plea. The court considered whether the appellate court should re-exercise its discretion in relation to the entire sentence or only the component affected by the error. The appellant argued that the entire sentence should be re-considered, while the respondent contended that only the component affected by the error should be re-assessed. The court held that the appellate court should only re-exercise its discretion in relation to the component affected by the error. The court reasoned that this approach was consistent with the principle of proportionality and avoided unnecessary interference with the primary judge's overall sentencing discretion.