Where a sentence is stayed by operation of s 216 of the Magistrates Court Act 1930 (ACT) upon filing an appeal, an express order is required to ensure that time spent in custody on remand during the stay counts as imprisonment served under the sentence. The failure to make such an order justifies appellate intervention. The prosecution has a discretion as to which charge to prefer and the court has no role to intervene in that discretion.
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