The Court of Criminal Appeal allowed a Crown sentence appeal where it was common ground that the sentencing judge had not followed the mandatory procedure and criteria in s 12 of the Crimes (Sentencing Procedure) Act 1999 when imposing a suspended sentence. Rather than re-sentencing the respondent itself, the Court exercised its power under s 12(2) of the Criminal Appeal Act 1912 to remit the matter to the District Court, on the basis that the respondent had become a forensic patient and the CCA lacked the necessary psychiatric and related material to re-sentence appropriately.
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