The Crown cannot challenge on appeal a sentencing approach (including accumulation of sentences) that it specifically recommended and endorsed at first instance. Post-conviction admissions to a psychologist are of doubtful utility in applying the proviso under s 6(1) Criminal Appeal Act 1912, given the proviso directs attention to evidence before the jury, but may be relevant to the choice between acquittal and retrial. Section 6(3) of the Criminal Appeal Act 1912 does not apply to Crown appeals under s 5D.
The full text is available to signed-in members, including the 4 later cases that cite this judgment.