When re-sentencing on a Crown appeal in the ACT, the Court of Appeal will not apply a double jeopardy discount, because to do so would be inconsistent with the statutory requirement under s 7(1)(a) of the Crimes (Sentencing) Act 2005 (ACT) that the offender be adequately punished. This follows the High Court's reasoning in Bui v DPP (Cth) regarding s 16A of the Crimes Act 1914 (Cth). The case also provides guidance on appropriate sentencing levels for sexual assault in the third degree and aggravated robbery where the offender has prior convictions for aggravated rape.
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