Barbaro v The Queen; Zirilli v The Queen [2014] HCA 2: High Court modifies prosecutors duties at sentencing

“No” to prosecution submissions on sentencing range.In 2008, the Victorian Court of Appeal decided in R v MacNeil-Brown (2008) 20 VR 677 (discussed here) that when asked, prosecutors were required to submit what the prosecution considered was an available range of sentences to impose on an offender, or if the prosecution thought the court would otherwise fall into error.Even then, …

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