Commonwealth Director of Public Prosecutions v Evans [2022] FCAFC 182

Federal Court of Australia

Commonwealth Director of Public Prosecutions v Evans [2022] FCAFC 182 Appeal from: Regina v Evans (No 1) [2021] NFSC 2

File number: QUD 216 of 2021

Judgment of: ALLSOP CJ, WIGNEY AND BROMWICH JJ

Date of judgment: 17 November 2022

Catchwords: CRIMINAL LAW – Crown appeal against sentence – where Crown seeks to have conditions to a recognisance set aside, as being beyond power, but to leave the sentence imposed otherwise intact – where no formal arrangement entered into by Norfolk Island to permit an order in the nature of home detention for federal offenders under the regime in s 20AB of the Crimes Act 1914 (Cth) – whether the primary judge erred in finding that there is power in s (20)(1)(a)(iv) instead of s 20AB of the Crimes Act to impose a condition amounting to home detention in a recognisance release order for federal offences – Held: recognisance did not impose a sentence amounting to home detention – appeal dismissed

Legislation: Crimes Act 1914 (Cth) Pt IB; ss 20(1), 20(1)(a), 20(1)(b), 20(1)(b)(i), 20(1)(a)(iv), 20AB, 20AB(1AA)(a), 20AB(1AA)(c) Crimes Regulation 2019 (Cth) reg 15 Sentencing Act 2007 (NI) s 43

Cases cited: Adams v Carr (1987) 47 SASR 205 Anthony Hordern & Sons Ltd v Amalgamated Clothing and Allied Trades Union of Australia (1932) 47 CLR Boensch v Pascoe [2019] HCA 49; 268 CLR 593 Dimech v Watts [2016] ACTSC 221 Isaacs v McKinnon (1949) 80 CLR 502 R v Shambayati (1999) 105 A Crim R 373

Division: General Division