The double jeopardy principles applicable to Crown appeals against sentence apply with particular force where a respondent has been released into the community with a non-custodial disposition; prosecutorial delay, even within the 21-day time limit, is a relevant factor militating against the grant of permission. The proposition that 'possession of a firearm is in itself a serious offence and only in the most exceptional circumstances would a penalty other than imprisonment be justified' is not a correct statement of the law — the seriousness of firearms offences varies with the particular statutory provision breached and the circumstances of the case. The expanded definition of 'serious firearm offence' under s 20AA of the Criminal Law (Sentencing) Act 1988 (SA) does not apply retrospectively to offending that occurred before the relevant amendment.
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