The Court of Criminal Appeal has inherent or implied power to vary a sentencing order that has not been perfected (i.e., where the required steps under rr 51, 52 and 53 of the Criminal Appeal Rules have not been taken to notify the trial court and endorse the indictment), so as to give effect to the court's true intention. Where a respondent fails to appear when a CCA judgment substituting full-time imprisonment for periodic detention is handed down, and the order is not perfected, the court may amend the commencement date to the date the respondent is returned to custody. The original periodic detention order remains on foot in such circumstances, and ss 82 and 89 of the Crimes (Administration of Sentences) Act 1999 operate to extend the sentence term for each detention period missed.
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