Passive acquiescence by a Crown prosecutor in a sentencing range indicated by the judge does not preclude the Court of Criminal Appeal from intervening on a Crown appeal where the sentence is significantly below the appropriate range. Following the Crimes (Appeal and Review) Amendment (Double Jeopardy) Act 2009, double jeopardy considerations no longer apply to Crown sentence appeals, though the Court retains a discretion not to intervene. A sentencing judge must provide adequate reasons for departing from the standard non-parole period; failure to do so, combined with a grossly inadequate sentence, will constitute appellable error.
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