The meaning of 'sentence' in s 6(3) of the Criminal Appeal Act 1912 (NSW) remains unresolved, with Basten JA (Hislop J agreeing) holding it refers to individual sentences and Price J holding it includes the overall effective sentence. Where error is established in an individual sentence, the Court is obliged to intervene and cannot decline merely because the overall sentence structure could theoretically be rearranged to achieve the same aggregate result. The undiscounted starting point for a serious escape from lawful custody (involving violence to prison officers) should not exceed 5 years where the maximum penalty is 10 years.
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