GAS v The Queen

Criminal law – Sentencing - Prosecution granted leave to file new presentment charging manslaughter in place of murder against two accused - Counsel for prosecution informed trial judge of "plea agreement" whereby accused would plead guilty and prosecution would submit that sentencing should proceed on basis that each accused was an aider or abettor rather than principal offender - Prosecution appeal against sentence on ground of manifest inadequacy - Appeal succeeded on basis that insufficient weight given to objective gravity of killing and aggravating circumstances, and undue weight given to youth and rehabilitation prospects of offenders - Whether Court of Appeal erred in dealing with the appeal in a manner contrary to the "plea agreement" - Effect of admission involved in pleading guilty to unlawful and dangerous act manslaughter - Culpability of aider and abettor relative to that of principal offender.

Criminal law – Sentencing - "Plea agreement" - Whether prosecution conduct of appeal was contrary to "plea agreement" - Respective responsibilities of prosecution, accused and trial judge with respect to "plea agreements" - Whether trial judge's responsibility to find and apply sentencing principles may be circumscribed by conduct of counsel - Whether appropriate that "plea agreement" should deal with issues of sentencing principle - Desirability of reducing "plea agreement" to writing - Discretion of appeal court in prosecution appeals against sentence to decline to intervene although error is shown in sentencing process.

Words and phrases – "plea agreement", "aider and abettor".