Thompson v The Queen

The appellant, Thompson, appealed against a sentence imposed by the Supreme Court of the Australian Capital Territory. The dispute concerned the sentencing of the appellant, specifically whether the sentencing judge adequately took into account the appellant's plea of guilty.

The central legal issue before the Court of Appeal was whether the sentencing judge had failed to properly consider the appellant's plea of guilty and the associated discount in accordance with sections 33 and 35 of the *Crimes (Sentencing) Act 2005* (ACT).

The Court of Appeal found that the sentencing judge's remarks did not demonstrate that the plea of guilty had been taken into account, nor that any discount for such a plea had been applied. The court held that a failure to refer to the plea of guilty and the potential discount meant that the sentencing process was flawed. Consequently, the appeal was allowed.