Submissions as to the bounds of the range prohibited; Barbaro v The Queen
The prosecution may make a submission that a custodial or non-custodial sentence is appropriate in a particular case: Legal Profession Uniform Law Australian Solicitors’ Conduct Rules 2015, r 29.12.4; Legal Profession Uniform Conduct (Barristers) Rules 2015, r 95(d). However, a prosecutor is not required, and should not be permitted, to make a submission as to […]
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Adequacy of reasons in a criminal case
By Dr William Higgs, Barrister The general principles in relation to the evaluation of the adequacy of reasons are well established (Chief Executive Officer, Department for Child Protection and Family Support v IGR [2019] WASCA 20; (2019) 54 WAR 222 [112] (Quinlan CJ, Murphy & Beech JJA). Necessarily the content and detail of reasons will […]
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