Section 68A of the Crimes (Appeal and Review) Act 2001 removes only the element of distress and anxiety from double jeopardy; it does not remove the Court's residual discretion to reject Crown appeals on other grounds, including where the Crown contributed to the sentencing error. The 'rarity' principle, insofar as it was a sentencing principle applicable in individual cases, is abolished by s 68A. The double jeopardy 'discount' on resentencing is also abolished. Crown appeals should identify grounds in the notice of appeal as a matter of desirable practice, but failure to do so does not render the appeal incompetent.
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