When the Court of Criminal Appeal resentences after a successful Crown appeal under s 5D of the Criminal Appeal Act 1912, it must apply the sentencing legislation in force at the time of resentencing (the Crimes (Sentencing Procedure) Act 1999), not the repealed Sentencing Act 1989 under which the original sentence was imposed. The transitional provision in cl 37(a) of Sch 2 does not preserve the operation of the repealed Act for this purpose. Trafficking in illicit drugs must attract full-time custodial sentences other than in exceptional circumstances, and a prior criminal record, unelaborated claims of sibling influence, and the circumstances of a co-offender's recruitment are not capable of constituting exceptional circumstances.
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