Barbaro v R (Matter No M3/2013)

JurisdictionAustralia Federal only
CourtHigh Court
JudgeFrench CJ,Hayne,Kiefel,Bell JJ.,Gageler J.
Judgment Date12 February 2014
Neutral Citation[2014] HCA 2
Date12 February 2014
Docket NumberMatter No M3/2013
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314 cases
  • Crown v JJ
    • Australia
    • Court of Appeal of ACT
    • 27 June 2014
    ...Mr J White (Appellant) Mr S Whybrow (Respondent) Cases Cited: Achurch v The Queen (2014) 306 ALR 566 Barbaro v The Queen (2014) 305 ALR 323 Berowra Holdings Pty Ltd v Gordon (2006) 225 CLR 364 Bugmy v The Queen (2013) 302 ALR 192 Bui v DPP (2012) 284 ALR 445 Cameron v Cole (1944) 68 CLR ......
  • Justin Monfries v The Queen
    • Australia
    • Court of Appeal of ACT
    • 16 October 2014
    ...which is sought is consistency in the application of relevant legal principles, not numerical equivalence: Barbaro v The Queen (2014) 305 ALR 323 at 331 [40]. Past sentences provide guidance to sentencing judges and “stand as a yardstick against which to examine a proposed sentence”: Hili ......
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8 firm's commentaries
  • Administrative law: NSW and Commonwealth case law developments in administrative law
    • Australia
    • Mondaq Australia
    • 8 February 2017
    ...a decision of the Full Court of the Federal Court of Australia, which held that the High Court decision in Barbaro v The Queen (2014) 253 CLR 58 precluded a Court from receiving submissions as to an agreed civil penalty to be imposed under the Building and Construction Industry Improvement ......
  • 10 tips for statutory prosecutions
    • Australia
    • Mondaq Australia
    • 5 December 2017
    ...to, in addition to any other relevant factors: comparable cases: following the High Court decision in Barbaro v R; Zirilli v R (2014) 253 CLR 58, the Queensland Parliament made amendments to section 15 Penalties and Sentences Act 1992 (Qld) whereby a submission may be made stating the sente......
  • Civil penalty proceedings: approach of the courts following Barbaro and CFMEU
    • Australia
    • Mondaq Australia
    • 12 July 2015
    ...it would logically follow that it may be more difficult for regulators to negotiate agreed outcomes with respondents. Footnotes 1 (2014) 253 CLR 58. 2 Director, Fair Work Building Industry Inspectorate v Construction, Forestry, Mining and Energy Union [2015] FCAFC 59 This publication does n......
  • Getting the Blues - Interstate comparatives now apply to WHS penalty assessments
    • Australia
    • Mondaq Australia
    • 19 May 2017
    ...was not in a position to make submissions about appropriate penalty, due to the effect of the High Court decision in Barbaro v R (2014) 253 CLR 58. By the time of the appeal, section 15 of the Penalties and Sentences Act 1992 (Qld) had been amended so as to negate the impact of the Barbaro ......
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4 books & journal articles
  • The 2017 Winterton Lecture. Sir Owen Dixon Today
    • Australia
    • University of Western Australia Law Review Nbr. 43-1, January 2018
    • 1 January 2018
    ...women still in need of the special protection that Yerkey 95 (1933) 48 CLR 71, 174; [1933] HCA 2. 96 (2014) 252 CLR 307, [11]-[25]; [2014] HCA 2. 97 Project Blue Sky (W’gong) Pty Ltd v ABA (1998) 194 CLR 355, [69]; [1998] HCA 28. 98 Commissioner of Railways (NSW) v Agalianos (1955) 92 CLR 3......
  • Constitutional Law and the Limits of Discretion in Family Property Law
    • United Kingdom
    • Federal Law Review Nbr. 44-1, March 2016
    • 1 March 2016
    ...the High Court decided that the sentencing judge should have had regard to the range of 86 Fields and Smith [2015] FamCAFC 57. 87 (2014) 253 CLR 58. 88 Ibid 74. 89 Ibid. 90 (2001) 207 CLR 584. 91 Ibid 608. See also 634 (Kirby J). 92 Ibid 591. 93 [2015] HCA 39. 68 Federal Law Review Volume 4......
  • Four Models Of Judicial Reasoning In Sentencing
    • Ireland
    • Irish Judicial Studies Journal Nbr. 1-19, January 2019
    • 1 January 2019
    ...CJ, Gummow, Hayne and Callinan JJ. 20Markarian (n 17), [39]. 21ibid. 22Markarian (n 17), [84] (McHugh J). 23[2010] HCA 45 (Austl.). 24[2014] HCA 2 (Austl.). 25Hili (n 23), [18]. [2019] Irish Judicial Studies Journal Vol 3 IRISH JUDICIAL STUDIES JOURNAL 58 features. The sentence cannot, and ......
  • OFFENDERS RISKING DEPORTATION DESERVE A SENTENCING DISCOUNT - BUT THE REDUCTION SHOULD BE PROVISIONAL.
    • Australia
    • 1 December 2019
    ...n 10 and accompanying text. (29) See R v Williscroft [1975] VR 292, 300 (Adam and Crockett JJ) (' Wittiscroft'); Barbaro v The Queen (2014) 253 CLR 58, 74 [41] (French CJ, Hayne, Kiefel and Bell JJ) ('Barbaro'). See also Chief Justice Wayne Martin, 'The Art of Sentencing: An Appellate Court......

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