Sentencing Amendment (Sexual Offences) Act 2016 (Repealed) (TAS)

The matter before the Supreme Court of Tasmania involved an application to vacate a conviction and sentence in light of the repealed Sentencing Amendment (Sexual Offences) Act 2016. The applicant, who had been convicted and sentenced under the repealed Act, sought to have his conviction and sentence reviewed. The court was required to determine whether the application to vacate the conviction and sentence was valid under the repealed Act and whether the applicant was entitled to any relief.

The central legal issue before the court was whether the repealed Sentencing Amendment (Sexual Offences) Act 2016 permitted the court to vacate a conviction and sentence that had been imposed under that Act. The court needed to interpret the provisions of the repealed Act to ascertain whether the power to vacate a conviction and sentence remained extant post-repealing. Additionally, the court had to consider whether the applicant had satisfied the criteria for vacating the conviction and sentence under the repealed Act.

In its judgment, the court held that the repealed Sentencing Amendment (Sexual Offences) Act 2016 did not provide for the vacating of convictions and sentences post-repealing. The court found that the provisions of the repealed Act were clear in that they did not permit the court to vacate a conviction and sentence that had been imposed under the Act. The court also noted that the applicant had not satisfied the criteria for vacating the conviction and sentence under the repealed Act. Consequently, the court dismissed the application to vacate the conviction and sentence. The applicant's appeal against the decision was subsequently dismissed by the Court of Appeal.