KMC v Director of Public Prosecutions (SA) [2020] HCA 6

HIGH COURT OF AUSTRALIA

KIEFEL CJ, BELL, GAGELER, KEANE, NETTLE, GORDON AND EDELMAN JJ

KMC APPLICANT

AND

DIRECTOR OF PUBLIC PROSECUTIONS (SA) RESPONDENT

KMC v Director of Public Prosecutions (SA) [2020] HCA 6 Date of Hearing: 6 February 2020 Date of Order: 6 February 2020 Date of Publication of Reasons: 18 March 2020 A20/2019

ORDER

1. Extension of time for permission to appeal against sentence and permission to appeal be granted.

2. Appeal allowed.

3. The sentence imposed by the sentencing judge on 17 August 2017 be set aside.

4. The matter be remitted to the sentencing judge for re-sentencing according to law.

Representation

S A McDonald with B J Doyle for the applicant (instructed by Legal Services Commission of South Australia)

C D Bleby SC, Solicitor-General for the State of South Australia, with M E Boisseau and F J McDonald for the respondent and for the Attorney-General for the State of South Australia, intervening (instructed by Office of the Director of Public Prosecutions (SA) and Crown Solicitor for the State of South Australia)

M G Sexton SC, Solicitor-General for the State of New South Wales, with J S Caldwell for the Attorney-General for the State of New South Wales, intervening (instructed by Crown Solicitor's Office (NSW))

M E O'Farrell SC, Solicitor-General for the State of Tasmania, with J L Rudolf for the Attorney-General for the State of Tasmania, intervening (instructed by Office of the Solicitor-General for the State of Tasmania)

K L Walker QC, Solicitor-General for the State of Victoria, with K A O'Gorman for the Attorney-General for the State of Victoria, intervening (instructed by Victorian Government Solicitor)

G A Thompson QC, Solicitor-General of the State of Queensland, with F J Nagorcka for the Attorney-General of the State of Queensland, intervening (instructed by Crown Solicitor (Qld))