A magistrate who revokes a s 12 bond and imposes a non-parole period is not exercising s 43 power to correct a sentencing error unless the magistrate actually purports to reopen the original proceedings. Where the original sentence was contrary to law (e.g., failure to set a non-parole period), the appropriate course is to apply to the magistrate to reopen under s 43, after which an appeal lies under s 43(4). Latham J's analysis (agreed with in obiter by Hunt AJA) suggests that revocation of a s 12 bond is not appealable as a 'sentence' under s 11 of the Crimes (Local Courts Appeal and Review) Act 2001 because it is not an order made 'as a consequence of' conviction.
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