Urlich v The Queen

Case

[2019] ACTCA 30

29 November 2019


Details
AGLC Case Decision Date
Urlich v The Queen [2019] ACTCA 30 [2019] ACTCA 30 29 November 2019

CaseChat Overview and Summary

The appeal in *Urlich v The Queen* concerned a sentence imposed on the appellant, who had been convicted of manslaughter. The appeal was heard by Murrell CJ, Loukas-Karlsson and Bromwich JJ.

The central legal issues before the Court were whether there had been a specific error in the sentencing process, particularly in light of the appellant's significant admissions made during the trial and a non-compliance with section 37 of the *Crimes (Sentencing) Act 2005* (ACT). The Court was also required to determine whether the sentence imposed was manifestly excessive and, if so, whether resentencing was warranted.

The Court allowed the appeal, finding that a resentencing was necessary. The specific error related to the sentencing judge's approach to the appellant's admissions and the application of section 37 of the *Crimes (Sentencing) Act 2005* (ACT). The Court determined that the original sentence was manifestly excessive and therefore ordered that the appellant be resentenced.
Details

Areas of Law

  • Criminal Law

  • Evidence

Legal Concepts

  • Appeal

  • Sentencing

  • Charge

  • Statutory Construction

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Cases Citing This Decision

14

Higgins v The Queen [2022] ACTCA 26
Kourpanidis v The Queen [2022] ACTCA 11
Evans v The Queen [2021] ACTCA 19
Cases Cited

1

Statutory Material Cited

5

R v Urlich [2018] ACTSC 345