Section 69D of the Supreme Court Act 1970 extends to Local Court sentences confirmed or left standing by the District Court, and is not confined to unsuccessful applications for judicial review. The Court of Appeal may use s 69D to assess the real impact of sentences served under invalid orders and make orders giving effective credit, including by treating periods of unlawful full-time custody as equivalent to or greater than home detention. A District Court judge who grants leave to withdraw a sentence appeal is limited by s 133O(2) to placing the appellant as nearly as possible in the same position as if the appeal had not been made, and has no power to revoke a home detention order for breach.
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