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


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


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).


PDF MD5: 4235935c83a74ef6d2dd3a44796af910
RTF MD5: e679b92e84f557a4a5adca942c8d8d13