The ACT Court of Appeal held that s 180 of the Legislation Act does not authorise a sentencing judge to revisit a sentence previously imposed, as the judge is functus officio after sentencing. The Court noted that the existence of an express statutory power in s 31(7) of the Rehabilitation of Offenders (Interim) Act 2001 to correct non-parole period errors confirmed that s 180 was not intended to override the functus officio principle. The appropriate avenue for challenging a sentence is through the established appellate structure, not by application to the original sentencing judge.
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