When the NSWCCA substitutes a fresh sentence on a Crown appeal under s 5D of the Criminal Appeal Act, the transitional provisions in cl 37(a) of Schedule 2 of the Crimes (Sentencing Procedure) Act 1999 do not apply, and the court must re-sentence under the new Act. Section 57 of the new Act requires escape sentences to be accumulated upon all other sentences, which is more stringent than the repealed s 34(2) of the Correctional Centres Act 1952, and this must be taken into account in applying the totality principle.
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