On a Crown sentence appeal under s 669A of the Criminal Code Act 1899 (Qld), s 671B(2) prevents the Attorney-General from relying on new evidence to support an increase in sentence, and prevents the Court of Appeal from relying on such material to increase sentences. However, new material (including pre-sentence reports ordered to regularise a failure to comply with s 207 of the Juvenile Justice Act 1992 (Qld)) may be received where it could lead the Court to confirm or reduce the sentences imposed. The Court of Appeal has power under s 668E(3) to resentence rather than remit.
The full text is available to signed-in members, including the 1 later case that cites this judgment.