Urlich v The Queen
Case
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[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.
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
Key Legal Topics
Areas of Law
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Criminal Law
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Evidence
Legal Concepts
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Appeal
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Sentencing
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Charge
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Statutory Construction
Actions
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Citations
Urlich v The Queen [2019] ACTCA 30
Most Recent Citation
R v Vickerstaff (No 2) [2019] ACTSC 343
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