The residual discretion to dismiss a Crown sentence appeal may be exercised where there has been significant delay not attributable to the respondent, the respondent is imminently eligible for parole, the Crown has significantly altered its position throughout proceedings, and the relevant sentencing guidance has already been provided by a higher court. The fact of Aboriginal dispossession is not of itself relevant to sentencing; what matters is the demonstrated effect of disadvantage on the individual offender's moral culpability.
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