The 'double jeopardy' principle cannot be relied upon to reduce a sentence on resentencing for a federal offence under s 16A of the Crimes Act 1914 (Cth). The requirement of 'exceptional' circumstances for hardship to family under s 16A(2)(p) may be an unwarranted gloss on the statute, though this was not decided. Delay is not of itself a basis for mitigating the severity of a federal sentence, and the severity of the penalty should not be reduced as an expression of disapproval of prosecution conduct. A serial offender is not entitled to leniency as a first-time offender for later offences merely because earlier offences had not yet resulted in conviction.
The full text is available to signed-in members, including the 17 later cases that cite this judgment.
3 of the 17 citing cases carry a classified treatment. How each court treated it is available to signed-in members.