A non-release recommendation that had no legal effect when made does not become an 'order of the court of trial' or a 'sentence' within the Criminal Appeal Act 1912 (NSW) by reason of subsequent legislation giving it legal effect. The Court of Criminal Appeal should not exercise its discretion to grant leave to reopen an appeal or to appeal out of time where doing so would remove the legislative criterion upon which Parliament has enacted constitutionally valid legislation. The question whether the principle of legality requires express words before legislation imposing effective natural life imprisonment can be applied to persons who were children at the time of the offence was raised but left open.
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