Will v The Queen

[2020] ACTCA 42

ACT Court of Appeal

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Interrogate

Catchwords

1. Appeal
2. › Leave to appeal out of time
3. › Criminal sentence appeal
4. › Consideration of reasons for delay
5. › Whether ill-health adequately explains delay
6. › Whether investigation of conviction appeal explains delay in sentence appeal
7. › Court Procedures Rules 2006 (ACT), rr 5506, 5510
1. Criminal Law
2. › Sentencing
3. › Discount for assistance to authorities
4. › Whether discount available where evidence given under compulsion
5. › Whether motive for providing assistance is irrelevant to entitlement to discount
6. › Crimes (Sentencing) Act 2005 (ACT), ss 35A, 36, 37
1. Criminal Law
2. › Sentencing
3. › Parity
4. › Whether sentencing judge erred in using co-offender's sentence as starting point
5. › Whether aider and abettor necessarily entitled to lesser sentence

Quick Take

An offender who gives evidence under compulsion (such as before the ACC or under subpoena at a co-offender's trial) may be entitled to a sentencing discount for assistance to authorities; the motive for providing the assistance is irrelevant to entitlement to the discount. Ill-health reducing an applicant's ability to consider and act upon appeal options can constitute an acceptable explanation for delay in seeking leave to appeal out of time.