The discretion to decline to intervene on a Crown appeal survives the enactment of s 68A of the Crimes (Appeal and Review) Act 2001, and may be exercised on the basis of demonstrated rehabilitation and delay, even where the sentence is found to be manifestly inadequate by reason of a suspension order. When appealing against a sentence to be served other than by full-time custody, the Crown should identify with particularity whether the complaint concerns the length of the sentence, the mode of service, or both. The question of whether the primary focus on such appeals should be on sentence length or mode of service remains unresolved.
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