Section 6(3) of the Criminal Appeal Act 1912 does not exhaustively state the grounds for leave to appeal against sentence; the traditional House v The King grounds for appellate intervention in discretionary decisions apply, including error by refusal to recuse. A sentencing judge who has sentenced a co-offender on agreed facts is not disqualified from sentencing the principal offender, as a reasonable observer would understand that a judge can put aside prior findings made on an agreed basis. The jurisdictional question whether a refusal to recuse is an appealable interlocutory order under s 5F remains unresolved.
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