Hurt v The King

HIGH COURT OF AUSTRALIAGAGELER CJ,EDELMAN, STEWARD, GLEESON AND JAGOT JJMatter No C7/2023RAYMOND JAMES CHOI HURT  APPELLANTANDTHE KING  RESPONDENTMatter No C8/2023RAYMOND JAMES CHOI HURT  APPELLANTANDTHE KING  RESPONDENTMatter No S44/2023ENRICO ROBERT CHARLES DELZOTTO  APPELLANTANDTHE KING  RESPONDENTHurt v The KingHurt v The KingDelzotto v The King[2024] HCA 8Date of Hearing: 9 November 2023Date of Judgment: 13 March 2024C7/2023, C8/2023 & S44/2023ORDERIn Matter Nos C7/2023 and C8/2023:Appeal dismissed.In Matter No S44/2023:Appeal dismissed.On appeal from the Supreme Court of the Australian Capital Territory and the Supreme Court of New South WalesRepresentationJ White SC with K V Lee for the appellant in C7/2023 an C8/2023 (instructed by Legal Aid ACT)R J Wilson SC with T D Anderson SC and N J Broadbent for the appellant in S44/2023 (instructed by Legal Aid NSW)J T Gleeson SC and K M J Breckweg with C J Tran for the respondent in each matter (instructed by Commonwealth Director of Public Prosecutions)North Australian Aboriginal Justice Agency appearing as amicus curiae, limited to its written submissionsNotice:  This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.CATCHWORDSHurt v The KingHurt v The KingDelzotto v The KingCriminal law – Sentencing – Appeal against sentence – Minimum sentences – Where s 16AAB of Crimes Act 1914 (Cth), inserted by Crimes Legislation Amendment (Sexual Crimes Against Children and Community Protection Measures) Act 2020 (Cth) ("Amendment Act"), provided for minimum terms of imprisonment, subject to limited exceptions, for offences – Where offences included s 474.22A(1) of...