Recent Cases

Commonwealth Director of Public Prosecutions v Evans [2022] FCAFC 182 (17 November 2022) (Allsop CJ, Wigney and Bromwich JJ)


Catchwords:


CRIMINAL LAW – Crown appeal against sentence – where Crown seeks to have conditions to a recognisance set aside, as being beyond power, but to leave the sentence imposed otherwise intact – where no formal arrangement entered into by Norfolk Island to permit an order in the nature of home detention for federal offenders under the regime in s 20AB of the Crimes Act 1914 (Cth) – whether the primary judge erred in finding that there is power in s (20)(1)(a)(iv) instead of s 20AB of the Crimes Act to impose a condition amounting to home detention in a recognisance release order for federal offences – Held: recognisance did not impose a sentence amounting to home detention – appeal dismissed