The quashing of a conviction and sentence on appeal operates only prospectively from the date of quashing; time served under the quashed sentence retains its character as imprisonment under sentence and is properly counted as pre-sentence detention on re-sentencing after retrial. A declaration of pre-sentence detention is not part of the sentence, and an error in such a declaration is not a sentencing error capable of grounding a Director's appeal. The sentence imposed after a first trial is properly treated as a ceiling on the sentence to be imposed after retrial, but there is no presumption that the same sentence should be imposed.
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