Dinsdale v R

JurisdictionAustralia Federal only
JudgeGleeson CJ,Hayne J,Gaudron,Gummow JJ,Kirby J
Judgment Date12 October 2000
Neutral Citation[2000] HCA 54,2000-0907 HCA A
CourtHigh Court
Docket NumberP42/2000
Date12 October 2000
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837 cases
  • In v R
    • Australia
    • Federal Court
    • Invalid date
  • Newman v R
    • Australia
    • Federal Court
    • Invalid date
  • Munda v Western Australia
    • Australia
    • High Court
    • 2 October 2013
    ...[2008] WASCA 89 at [14]. 157The State of Western Australia v Walley [2008] WASCA 12 at [33]–[35] per Wheeler and Miller JJA. 158Dinsdale v The Queen (2000) 202 CLR 321 at 341 [62] per Kirby J; [2000] HCA 54, citing R v Peterson [1984] WAR 329 at 330–331 per Burt CJ and R v Clarke [1996] 2 ......
  • Re Minister for Immigration and Multicultural and Indigenous Affairs; ex parte Palme
    • Australia
    • High Court
    • 2 October 2003
    ...v The Queen (1999) 199 CLR 99 at 124 [71]. 19In re Wolanski's Registered Design (1953) 88 CLR 278 at 281. See also Dinsdale v The Queen (2000) 202 CLR 321 at 326 20 cf Soulemezis v Dudley (Holdings) Pty Ltd (1987) 10 NSWLR 247 at 280; Fleming v The Queen (1998) 197 CLR 250 at 252-253 [2], 2......
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4 books & journal articles
  • Disbelieving Suspense: Suspended Sentences of Imprisonment and Public Confidence in the Criminal Justice System
    • United Kingdom
    • Sage Journal of Criminology (formerly Australian and New Zealand Journal of Criminology) No. 42-1, April 2009
    • 1 April 2009
    ...or as having received a ‘slap on thewrist’. Justice Kirby of the Australian High Court has encapsulated the dilemma thusin Dinsdale v R (2000) 202 CLR 321, pp. 346–347 (Kirby J):The question of what factors will determine whether a suspended sentence will beimposed, once it is decided that ......
  • Mandatory compensation orders for crime victims and the rhetoric of restorative justice.
    • Australia
    • Australian and New Zealand Journal of Criminology Vol. 36 No. 1, April 2003
    • 1 April 2003
    ...that a sentence of imprisonment and not some lesser sentence is called for and second, that such a term should be suspended (Dinsdale [2000] HCA 54, Kirby J at [79]). Sometimes it has been said that the purpose of a suspended sentence is primarily rehabilitative and so suspension should onl......
  • Jurors’ views of suspended sentences
    • United Kingdom
    • Sage Journal of Criminology (formerly Australian and New Zealand Journal of Criminology) No. 47-1, April 2014
    • 1 April 2014
    ...includes rape and otherserious sexual offences, recklessly causing serious injury and armed robbery (see s. 3).2. Dinsdale v The Queen (2000) 202 CLR 321 is the leading authority on the process of imposing asuspended sentence (see Kirby J with whom Gaudron and Gummow JJ agreed). Kirby Jdesc......
  • Mandatory Compensation Orders for Crime Victims and the Rhetoric of Restorative Justice
    • United Kingdom
    • Sage Journal of Criminology (formerly Australian and New Zealand Journal of Criminology) No. 36-1, April 2003
    • 1 April 2003
    ...that asentence of imprisonment and not some lesser sentence is called for and second, thatsuch a term should be suspended (Dinsdale [2000] HCA 54, Kirby J at [79]).Sometimes it has been said that the purpose of a suspended sentence is primarilyrehabilitative and so suspension should only oc......

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