The Court of Appeal exercised its power under s 40(1)(h) of the Criminal Appeals Act 2004 (WA) to require the sentencing judge to provide a report setting out findings and reasons for sentence, in circumstances where the sentencing remarks were not recorded or transcribed. The court noted that while such orders are rare due to modern recording technology, the plain language of the provision permits such an order in the court's discretion when technology fails or human error occurs.
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