HT v The Queen

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HT v The Queen

[2019] HCA 40

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HT v The Queen

[2019] HCA 40

HIGH COURT OF AUSTRALIAKIEFEL CJ,BELL, KEANE, NETTLE, GORDON AND EDELMAN JJHT  APPELLANTANDTHE QUEEN & ANOR  RESPONDENTSHT v The Queen[2019] HCA 40Date of Hearing: 10 September 2019Date of Judgment: 13 November 2019S123/2019ORDER1.Appeal allowed.2.Set aside the two sets of orders made by the Court of Criminal Appeal of the Supreme Court of New South Wales, when reserving its judgment and when disposing of the appeal, and in lieu thereof order that the Crown appeal be dismissed.3.The contents of Exhibit C be suppressed until further order of this Court pursuant to section 77RE of the Judiciary Act 1903 (Cth) on the grounds set out in section 77RF(1)(a), being that the order is necessary to prevent prejudice to the proper administration of justice, and section 77RF(1)(c), being that the order is necessary to protect the safety of any person. On appeal from the Supreme Court of New South WalesRepresentationT A Game SC with G E L Huxley for the appellant (instructed by Maria Walz Legal)D T Kell SC with E S Jones for the first respondent (instructed by Solicitor for Public Prosecutions (NSW))N L Sharp SC with T M Glover for the second respondent (instructed by Crown Solicitor's Office (NSW))Notice:  This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.CATCHWORDSHT v The Queen Criminal practice – Appeal – Crown appeal against sentence – Procedural fairness – Where appellant provided assistance to law enforcement authorities – Where court required by statute to take assistance...

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HT v The Queen

[2019] HCA 40

HIGH COURT OF AUSTRALIAKIEFEL CJ,BELL, KEANE, NETTLE, GORDON AND EDELMAN JJHT  APPELLANTANDTHE QUEEN & ANOR  RESPONDENTSHT v The Queen[2019] HCA 40Date of Hearing: 10 September 2019Date of Judgment: 13 November 2019S123/2019ORDER1.Appeal allowed.2.Set aside the two sets of orders made by the Court of Criminal Appeal of the Supreme Court of New South Wales, when reserving its judgment and when disposing of the appeal, and in lieu thereof order that the Crown appeal be dismissed.3.The contents of Exhibit C be suppressed until further order of this Court pursuant to section 77RE of the Judiciary Act 1903 (Cth) on the grounds set out in section 77RF(1)(a), being that the order is necessary to prevent prejudice to the proper administration of justice, and section 77RF(1)(c), being that the order is necessary to protect the safety of any person. On appeal from the Supreme Court of New South WalesRepresentationT A Game SC with G E L Huxley for the appellant (instructed by Maria Walz Legal)D T Kell SC with E S Jones for the first respondent (instructed by Solicitor for Public Prosecutions (NSW))N L Sharp SC with T M Glover for the second respondent (instructed by Crown Solicitor's Office (NSW))Notice:  This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.CATCHWORDSHT v The Queen Criminal practice – Appeal – Crown appeal against sentence – Procedural fairness – Where appellant provided assistance to law enforcement authorities – Where court required by statute to take assistance...