Recent Cases

The King v Hatahet [2024] HCA 23 (12 June 2024) (Gordon A-Cj, Steward, Gleeson, Jagot and Beech-Jones JJ)


Catchwords:


Criminal law (Cth) – Sentence – Where respondent convicted under s 6 of Crimes (Foreign Incursions and Recruitment) Act 1978 (Cth) – Where s 19ALB of Crimes Act 1914 (Cth) provides Attorney‑General must not make parole order in relation to person involved in, or convicted of, certain terrorist‑related activities unless “exceptional circumstances exist to justify making a parole order” – Where sentencing judge sentenced respondent without taking into account likelihood (if any) of release on parole by reason of s 19ALB of Crimes Act – Where parole subsequently refused by Attorney‑General pursuant to s 19ALB of Crimes Act – Whether Court of Criminal Appeal erred in concluding that sentencing judge should have considered application of s 19ALB when sentencing respondent – Whether Court of Criminal Appeal erred in concluding that expectation that parole would be refused due to an application of s 19ALB warranted imposition of lesser sentence.

Words and phrases – “conditions of imprisonment”, “executive function”, “length of sentence”, “non‑parole period”, “onerous conditions”, “parole”, “presumption against parole”, “prospects of parole”, “purpose of sentencing”, “sentencing”, “terrorism”.