Elliott v The Queen [2007] HCA 51

HIGH COURT OF AUSTRALIA

GUMMOW, HAYNE, HEYDON, CRENNAN AND KIEFEL JJ

Matter No S215/2007

MATTHEW JAMES ELLIOTT APPELLANT

AND

THE QUEEN RESPONDENT

Matter No S218/2007

BRONSON MATTHEW BLESSINGTON APPELLANT

AND

THE QUEEN RESPONDENT

Elliott v The Queen

Blessington v The Queen

[2007] HCA 51

8 November 2007

S215/2007 & S218/2007

ORDER

In each matter, appeal dismissed.

On appeal from the Supreme Court of New South Wales

Representation

T A Game SC with S E Pritchard and J K Taylor for the appellant in S215/2007 (instructed by Giddy & Crittenden)

B W Walker SC with R W Burgess for the appellant in S218/2007 (instructed by Legal Aid Commission of NSW)

M G Sexton SC, Solicitor-General for the State of New South Wales with A M Mitchelmore and J S Caldwell for the respondent and intervening on behalf of the Attorney-General for the State of New South Wales in both appeals (instructed by Crown Solicitor (NSW))

D M J Bennett QC, Solicitor-General of the Commonwealth with N L Sharp intervening on behalf of the Attorney-General of the Commonwealth in both appeals (instructed by Australian Government Solicitor)

W Sofronoff QC, Solicitor-General of the State of Queensland with P J Davis SC intervening on behalf of the Attorney-General of the State of Queensland in both appeals (instructed by Crown Solicitor for the State of Queensland)

Notice: This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.

CATCHWORDS

Elliott v The Queen

Blessington v The Queen

Criminal law – Criminal appeals – Jurisdiction of Court of Criminal Appeal – The appellants were sentenced to life imprisonment and were subject to a non-release recommendation made by the sentencing judge – Whether the non-release recommendation was a "sentence" or "order" for the purposes of an appeal pursuant to s 5 of the Criminal Appeal Act 1912 (NSW).