High Court of Australia

Lacey v Attorney-General of Queensland [2011] HCA 10

242 CLR 573; 85 ALJR 508; 275 ALR 646

7 Apr 2011

Case Number: B40/2010

Before

French CJ, Gummow, Hayne, Heydon, Crennan, Kiefel, Bell JJ

Catchwords

Criminal law – Appeal - Appeal against sentence - Appeal by Crown - Where s 669A(1) of Criminal Code (Q) permitted appeal by Attorney-General against sentence and provided that appellate court "may in its unfettered discretion vary the sentence and impose such sentence as to the Court seems proper" - Where appellate court increased sentence without identifying any error by sentencing judge - Whether Crown must demonstrate error by sentencing judge before discretion to vary sentence enlivened.

Words and phrases – "appeal", "unfettered discretion".

Acts Interpretation Act 1954 (Q) – s 14A(1).

Criminal Code (Q) – s 669A(1).

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