Appeals Against Sentence
These appeals may be made by the prosecution (s669A Criminal Code) or the accused (s 668D(1)(c)). If the Court is satisfied that some other sentence (whether more or less severe) is warranted in law and should have been passed, the Court can quash the sentence and pass another in substitution (s 668E(3)).
Note that if the Court is intending to increase the sentence upon an accused's appeal they should give such notice to the accused and provide them with an opportunity to withdraw their appeal (Neal v The Queen (1982) 149 CLR 305).
Given the sentencing discretion appellate courts have said that they will ordinarily only interfere with the exercise of the trial judge's discretion where the sentence is based upon an error of principle or reasoning (Lowndes v R (1999) 195 CLR 665; House v The King (1936) 55 CLR 499). This error may be evident and disclosed in the stated reasons or it may be inferred from the sentence as it is 'manifestly excessive' or 'manifestly inadequate' (Skinner v the King (1913) 16 CLR 336.)
Note that if the Court is intending to increase the sentence upon an accused's appeal they should give such notice to the accused and provide them with an opportunity to withdraw their appeal (Neal v The Queen (1982) 149 CLR 305).
Given the sentencing discretion appellate courts have said that they will ordinarily only interfere with the exercise of the trial judge's discretion where the sentence is based upon an error of principle or reasoning (Lowndes v R (1999) 195 CLR 665; House v The King (1936) 55 CLR 499). This error may be evident and disclosed in the stated reasons or it may be inferred from the sentence as it is 'manifestly excessive' or 'manifestly inadequate' (Skinner v the King (1913) 16 CLR 336.)