On re-sentencing following a successful Crown appeal against sentence in Tasmania, the double jeopardy involved in standing twice for sentence may be taken into account as a factor but does not of itself warrant an automatic discount. The Criminal Code (Tas) s 402(4) does not preclude consideration of the double jeopardy principle. The weight to be given to double jeopardy depends on the actual impact on the respondent. For wounding offences involving glassing in hotel settings, 18 months' imprisonment is towards the upper end of the existing range and is not manifestly inadequate even where there are significant aggravating features.
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