Green v The Queen; Quinn v The Queen

HIGH COURT OF AUSTRALIAFRENCH CJ,HEYDON, CRENNAN, KIEFEL AND BELL JJMatter No S146/2011BRETT ANDREW GREEN  APPELLANTANDTHE QUEEN  RESPONDENTMatter No S143/2011SHANE DARRIN QUINN  APPELLANTANDTHE QUEEN  RESPONDENTGreen v The QueenQuinn v The Queen[2011] HCA 49Date of Order:  3 August 2011Date of Publication of Reasons:  6 December 2011S146/2011 & S143/2011ORDERIn each matter:1.     Appeal allowed.2.Set aside the Order of the Court of Criminal Appeal of New South Wales of 17 December 2010 and, in its place, order that the appeal to that Court be dismissed.On appeal from the Supreme Court of New South WalesRepresentationJ T Gleeson SC with D P Barrow for the appellant in S146/2011 (instructed by Legal Aid NSW)G A Bashir with A Betts for the appellant in S143/2011 (instructed by Ford Criminal Lawyers)C K Maxwell QC with P A Leask for the respondent in both matters (instructed by Solicitor for Public Prosecutions (NSW))Notice:  This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.CATCHWORDSGreen v The QueenQuinn v The QueenCriminal law – Appeal – Appeal against sentence – Appeal by Crown – Parity principle – Where primary judge imposed sentence having regard to parity principle as between appellants and other co-offender – Where s 5D of Criminal Appeal Act 1912 (NSW) provided that primary purpose of appeals against sentences by the Crown is "to lay down principles for the governance and guidance of courts having the duty of sentencing convicted persons" – Where appellate court increased each appellant's sentence – Whether appellate...