Section 43 of the Crimes (Sentencing Procedure) Act 1999 (NSW) is capable of being engaged by erroneous findings of fact or omissions to find relevant facts, not only by errors of law. However, the section does not permit reopening sentencing proceedings merely because additional material, not before the court at the time of sentencing, might have led to a different exercise of discretion. A sentence imposed following a principled exercise of discretion on the material before the court is not 'contrary to law' for the purposes of s 43. It remains an open question whether s 43 applies where the court was presented with erroneous facts that led to a sentence that would have been different had the true facts been known.
The full text is available to signed-in members, including the 9 later cases that cite this judgment.
1 of the 9 citing cases carry a classified treatment. How each court treated it is available to signed-in members.