McKinnon v The King

In *McKinnon v The King*, the appellant, McKinnon, appealed against a sentence imposed by the District Court of New South Wales. The sentence included a fine and a period of imprisonment in default of payment.

The primary legal issue before the Court of Criminal Appeal of New South Wales was whether the District Court had the power to impose a period of imprisonment in default of payment of a fine, and if so, under what circumstances. The court was required to consider the relevant legislative provisions governing the imposition of fines and default sentences in New South Wales.

The Court of Criminal Appeal held that the District Court did possess the power to impose a period of imprisonment in default of payment of a fine, as provided by the *Crimes (Sentencing Procedure) Act 1999* (NSW). However, the court clarified that such a power should only be exercised where it is just and proportionate, taking into account the offender's circumstances and the nature of the offence. The court found that in this particular instance, the imposition of a default imprisonment term was not warranted.

Consequently, the Court of Criminal Appeal allowed the appeal in part, quashing the order for imprisonment in default of payment of the fine, but otherwise upholding the sentence.