Where a sentencing judge overlooks pre-sentence custody solely referable to the offence being sentenced, the appropriate remedy on appeal is to backdate the sentence rather than reduce it. A discount for assistance to authorities under s 23 of the Crimes (Sentencing Procedure) Act 1999 should normally only be given once, and a subsequent sentencing judge is not required to compensate for an allegedly inadequate discount given by a different judge in respect of an unrelated offence.
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