Where a sentencing judge's approach may be flawed — whether by failing to strictly apply Pearce v The Queen or by failing to discount for a guilty plea — the Court of Criminal Appeal will not intervene if the overall sentence is not excessive, applying s 6(3) of the Criminal Appeal Act 1912. The jurisdictional maximum in summary proceedings is not to be treated as a maximum penalty reserved for the worst case. There is no requirement for the appellate court to restructure individual sentences to achieve the same overall result.
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