Recent Cases

Hay v Director of Public Prosecutions (NSW) [2020] NSWCA 75 (24 April 2020) (Basten JA at [1]; Macfarlan JA at [6]; White JA at [33])


Catchwords:


JUDICIAL REVIEW – application for judicial review of District Court decision resentencing applicant on an appeal from the Local Court – whether unreasonable for District Court to have taken into account specific deterrence – Minister for Immigration and Citizenship v Li – whether District Court failed to consider alternatives to custodial sentence and whether sentence of imprisonment should be served by way of an ICO