Section 37(1) of the Sentencing Act 1995 (WA) does not empower a court to recall and vary a sentence that was correctly imposed under the applicable legislation, even where both parties erroneously agree the sentence was incorrect. A court will not allow a serious interference with a lawfully imposed sentence to stand merely because the State contributed to the error and delayed in seeking correction, notwithstanding substantial prejudice to the offender. Section 31(5)(a) of the Criminal Appeals Act 2004 (WA) was doubted to extend to imposing a different sentence where the appeal concerns correction of an erroneous variation rather than the original sentence.
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