R v Guode

HIGH COURT OF AUSTRALIAKIEFEL CJ,GAGELER, NETTLE, GORDON AND EDELMAN JJTHE QUEEN  APPELLANTANDAKON GUODE  RESPONDENTThe Queen v Guode[2020] HCA 8Date of Hearing: 14 November 2019Date of Judgment: 18 March 2020M75/2019ORDER1.Appeal allowed. 2. Set aside the orders made by the Court of Appeal of the Supreme Court of Victoria on 16 August 2018. 3.Quash the sentences imposed by the Court of Appeal of the Supreme Court of Victoria on 16 August 2018. 4.Remit the matter to the Court of Appeal of the Supreme Court of Victoria for further determination according to law. On appeal from the Supreme Court of VictoriaRepresentationK E Judd QC with A S Ellis for the appellant (instructed by Solicitor for Public Prosecutions (Vic))O P Holdenson QC with C A Boston and L V Drago for the respondent (instructed by Stary Norton Halphen)Notice:  This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.CATCHWORDSThe Queen v GuodeCriminal law – Sentence – Irrelevant consideration – Where respondent pleaded guilty to murder contrary to common law and to infanticide and attempted murder contrary to ss 6(1) and 321M of Crimes Act 1958 (Vic) respectively – Where primary judge sentenced respondent to 26 years and six months' imprisonment with non-parole period of 20 years – Where Court of Appeal allowed appeal against sentence and re-sentenced respondent to 18 years' imprisonment with non-parole period of 14 years – Where respondent's mental condition at time of offending called for application of principles stated in...