On the majority's construction of s 669A(1), the Attorney-General may appeal against sentence without first demonstrating error by the sentencing judge in the House v The King sense; the 'unfettered discretion' permits the Court to re-sentence if it disagrees with the sentence for reasons of substance. McMurdo P's dissent, requiring a two-step approach with error demonstrated first, was later vindicated by the High Court. Section 25 (extraordinary emergencies) of the Criminal Code is excluded where the evidence engages the self-defence provisions of ss 271-273 on the same facts.
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