Double jeopardy is no longer a relevant consideration at any stage of the Court of Appeal's determination of a Crown appeal against sentence imposed on or after 1 January 2010. The notion that Crown appeals should be 'rare and exceptional' no longer applies as a sentencing principle. However, the Court retains a residual discretion to dismiss Crown appeals on bases other than double jeopardy, including delay, parity, totality, rehabilitation, and fault on the part of the Crown. The majority held that the Director's filtering role under s 287 remains informed by the principles underlying double jeopardy through the public interest requirement, though Warren CJ and Maxwell P disagreed on this point.
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