(1) The Attorney-General may appeal to the Court against any sentence pronounced by--When Parliamentary Counsel wrote that provision, what sort of fetters do you think he or she intended would apply to the Court's ability to vary the sentence and impose such sentence as seemed proper?
(a) the court of trial; or(b) a court of summary jurisdiction in a case where an indictable offence is dealt with summarily by that court;and the Court may in its unfettered discretion vary the sentence and impose such sentence as to the Court seems proper.
In Lacey v AG [2011] HCA 10, a 6-1 majority of the High Court (Heydon J dissenting) settled on the word "appeal" in the opening words to hold that, like other appeals, the appellate court could not interfere unless it first determined error in the original sentence.
