The Attorney-General's right of appeal under s 669A of the Criminal Code is not defeated by compound failures within the DPP that prevented timely notification of arguably inadequate sentences. An arguably appellable error alone does not constitute 'exceptional circumstances' for an Attorney-General appeal where the prosecution urged the sentence imposed; however, where the sentencing judge's errors go beyond merely accepting the prosecution's submissions and reflect a fundamental failure to appreciate the gravity of the offence, exceptional circumstances may be established. Personal disadvantages of Aboriginal offenders cannot lessen the gravity of an offence but may moderate the sentence, and must be established by evidence personal to the offender.
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