Green v The Queen [2011] HCA 49

HIGH COURT OF AUSTRALIA

FRENCH CJ,

HEYDON, CRENNAN, KIEFEL AND BELL JJ

Matter No S146/2011

BRETT ANDREW GREEN APPELLANT

AND

THE QUEEN RESPONDENT

Matter No S143/2011

SHANE DARRIN QUINN APPELLANT

AND

THE QUEEN RESPONDENT

Green v The Queen

Quinn v The Queen

[2011] HCA 49

Date of Order: 3 August 2011

Date of Publication of Reasons: 6 December 2011

S146/2011 & S143/2011

ORDER

In each matter:

1. Appeal allowed.

2. Set aside the Order of the Court of Criminal Appeal of New South Wales of 17 December 2010 and, in its place, order that the appeal to that Court be dismissed.

On appeal from the Supreme Court of New South Wales

Representation

J T Gleeson SC with D P Barrow for the appellant in S146/2011 (instructed by Legal Aid NSW)

G A Bashir with A Betts for the appellant in S143/2011 (instructed by Ford Criminal Lawyers)

C K Maxwell QC with P A Leask for the respondent in both matters (instructed by Solicitor for Public Prosecutions (NSW))

Notice: This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.

CATCHWORDS

Green v The Queen

Quinn v The Queen

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.