High Court of Australia

Green v The Queen [2011] HCA 49

Quinn v The Queen

244 CLR 462

6 Dec 2011

Case Number: S143/2011 S146/2011


French CJ, Heydon, Crennan, Kiefel, Bell JJ


Criminal law – Appeal – Appeal against sentence – Appeal by Crown – Parity principle – Where primary judge imposed sentence having regard to parity principle as between appellants and other co-offender – Where s 5D of Criminal Appeal Act 1912 (NSW) provided that primary purpose of appeals against sentences by the Crown is "to lay down principles for the governance and guidance of courts having the duty of sentencing convicted persons" – Where appellate court increased each appellant's sentence – Whether appellate court erred in allowing Crown appeal and thereby creating disparity between sentences of appellants and other co-offender – Whether appellate court erred in finding, absent any submission from Crown, that sentence imposed on other co-offender manifestly inadequate.

Words and phrases – "appeal", "Crown appeal", "parity principle", "sentencing".

Criminal Appeal Act 1912 (NSW) – s 5D.

Drug Misuse and Trafficking Act 1985 (NSW) – ss 23(2), 25(2).

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