Catchwords
Criminal law – Sentencing - Prosecution appeal against sentence - Where sentence said to be "manifestly inadequate" - Where no specific error of principle or law alleged and case said to fall within last category of error identified in House v The King (1936) 55 CLR 499, namely sentence "unreasonable and plainly unjust" - Whether Court of Criminal Appeal erred in concluding sentence manifestly inadequate - Distinction between fresh consideration of how appellant's conduct to be characterised, and evaluation of adequacy of sentence by reference to matters of fact different from those found by primary judge.
Words and phrases – "manifestly inadequate".
Criminal Appeal Act 1912 (NSW) – s 5D(1).