The Court of Appeal's inherent power to permit withdrawal of a notice of abandonment of an appeal is not limited to cases where the abandonment was a 'nullity' (fraud or mistake); it extends to any case where the interests of justice require reinstatement, including where a subsequent event falsifies the premise upon which the abandoned proceeding was based. When fixing a new single non-parole period under s 14(1) of the Sentencing Act 1991 (Vic), the sentencing court must address the question of totality — what is the appropriate minimum term having regard to aggregate criminality — and must take into account time already served. Extremely onerous conditions of incarceration in a management unit necessitate a material reduction in the non-parole period.
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