GAS v The Queen

HIGH COURT OF AUSTRALIAGLEESON CJ,GUMMOW, KIRBY, HAYNE AND HEYDON JJMatter No M273/2003GAS  APPELLANTANDTHE QUEEN   RESPONDENTMatter No M275/2003SJK  APPELLANTANDTHE QUEEN   RESPONDENTGAS v The Queen;  SJK v The Queen[2004] HCA 2219 May 2004M273/2003 and M275/2003ORDERIn each matter:Appeal dismissed.On appeal from the Supreme Court of VictoriaRepresentation:I D Hill QC with L C Carter for the appellant in M273/2003 (instructed by Jones Dowling McGregor)R Richter QC with T Kassimatis for the appellant in M275/2003 (instructed by Victoria Legal Aid)P A Coghlan QC with C M Quin for the respondent in both matters (instructed by the Solicitor for Public Prosecutions (Victoria))Notice:  This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.CATCHWORDSGAS v The QueenSJK v The QueenCriminal 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...