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Basil Steven Marshall Mist v The Queen - SC 12/2005

Summary

Criminal appeal - appeal against decision of the Court of Appeal imposing a sentence of preventive detention - whether Court erred in its interpretation of s 4(2) of the Criminal Justice Act 1985 as dealing only with the situation where a new sentencing option became available between the time of the commission of the offence and the time of sentencing. CA 480/03 25 February 2005

Result

Leave to appeal granted.

31 May 2005

_________________________

Appeal allowed.
Sentence of preventive detention quashed. Sentence imposed in the High Court reinstated but without prejudice to the Solicitor-General's submission that, in total, the finite sentences are manifestly inadequate. The question whether that is so is remitted to the Court of Appeal for determination.
1 December 2005

Related Documents

Leave judgment - leave granted — MIST V R SC 12/2005 [31 May 2005]

Additional Information

Substantive judgment MIST V R SC 12/2005 [1 December 2005]

Transcription Hearing date : 9 August 2005