High Court of Australia
HIGH COURT OF AUSTRALIA
GAGELER CJ,
EDELMAN, STEWARD, GLEESON AND JAGOT JJ
Matter No C7/2023
RAYMOND JAMES CHOI HURT APPELLANT
AND
THE KING RESPONDENT
Matter No C8/2023
RAYMOND JAMES CHOI HURT APPELLANT
AND
THE KING RESPONDENT
Matter No S44/2023
ENRICO ROBERT CHARLES DELZOTTO APPELLANT
AND
THE KING RESPONDENT
Hurt v The King
Hurt v The King
Delzotto v The King
[2024] HCA 8
Date of Hearing: 9 November 2023
Date of Judgment: 13 March 2024
C7/2023, C8/2023 & S44/2023
ORDER
In Matter Nos C7/2023 and C8/2023:
Appeal dismissed.
In Matter No S44/2023:
Appeal dismissed.
On appeal from the Supreme Court of the Australian Capital Territory and the Supreme Court of New South Wales
Representation
J White SC with K V Lee for the appellant in C7/2023 an C8/2023 (instructed by Legal Aid ACT)
R J Wilson SC with T D Anderson SC and N J Broadbent for the appellant in S44/2023 (instructed by Legal Aid NSW)
J T Gleeson SC and K M J Breckweg with C J Tran for the respondent in each matter (instructed by Commonwealth Director of Public Prosecutions)
North Australian Aboriginal Justice Agency appearing as amicus curiae, limited to its written submissions
Notice: This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.
CATCHWORDS
Hurt v The King
Hurt v The King
Delzotto v The King
Criminal law – Sentencing – Appeal against sentence – Minimum sentences – Where s 16AAB of Crimes Act 1914 (Cth), inserted by Crimes Legislation Amendment (Sexual Crimes Against Children and Community Protection Measures) Act 2020 (Cth) ("Amendment Act"), provided for minimum terms of imprisonment, subject to limited exceptions, for offences – Where offences included s 474.22A(1) of Criminal Code (Cth) ("Possessing or controlling child abuse material obtained or accessed using a carriage service") – Where elements of offence included, relevantly, "the person has possession or control of material" and "the person used a carriage service to obtain or access the material" – Where transitional provision in Amendment Act required "relevant conduct ... engaged in" to take place on or after commencement of amendments, including insertion of s 16AAB – Whether minimum sentence provides yardstick for calculation of appropriate penalty in addition to restricting sentencing power – Whether "relevant conduct" concerns only "conduct" element of offence or also "circumstance in which conduct ... occurs".
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