Strbak v The Queen

HIGH COURT OF AUSTRALIAKIEFEL CJ,BELL, KEANE, NETTLE AND EDELMAN JJHEIDI STRBAK  APPELLANTANDTHE QUEEN  RESPONDENTStrbak v The Queen[2020] HCA 10Date of Hearing: 6 December 2019Date of Judgment: 18 March 2020B55/2019ORDER1.Appeal allowed. 2.Set aside the order of the Court of Appeal of the Supreme Court of Queensland dated 12 March 2019 refusing leave to appeal and in lieu thereof order that:(a)leave to appeal be granted; (b)the appeal be allowed;(c)the sentence imposed by the Supreme Court of Queensland on 18 December 2017 be quashed; and(d)the proceeding be remitted to the Trial Division of the Supreme Court of Queensland for the appellant to be sentenced according to law.On appeal from the Supreme Court of QueenslandRepresentationS C Holt QC with B P Dighton for the appellant (instructed by Bamberry Lawyers)M R Byrne QC with P J McCarthy for the respondent (instructed by Director of Public Prosecutions (Qld))Notice:  This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.CATCHWORDSStrbak v The QueenCriminal law – Sentence – Manslaughter – Where appellant pleaded guilty to manslaughter – Where hearing held to determine factual basis upon which appellant to be sentenced – Where acts comprising offence disputed – Where appellant failed to give evidence at sentencing hearing – Whether sentencing judge applied R v Miller [2004] 1 Qd R 548 – Whether sentencing judge drew adverse inferences from appellant's silence in making factual findings – Whether R v Miller [2004] 1 Qd R 548 wrongly decided – Whether sentencing...