Appeals against sentence under ss 5 and 6 of the Criminal Appeal Act 1912 (NSW) are governed by the House v The King principles and are not by way of rehearing. The Court of Criminal Appeal cannot substitute its own findings of fact for those of the trial judge; it may only intervene where error is established in the exercise of the sentencing discretion. This includes where the judge acts on a wrong principle, allows extraneous matters to guide him, mistakes the facts, or fails to take into account material considerations.
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13 of the 29 citing cases carry a classified treatment. How each court treated it is available to signed-in members.