When a sentencing judge re-opens proceedings under s 43(2) of the Crimes (Sentencing Procedure) Act 1999 (NSW) to correct a specific error (here, contravention of s 47(5)), the judge must not treat the original sentence expiry date as decisive and must not use the re-sentencing occasion to re-fashion the sentence to achieve indirectly what could not be achieved directly. The Pearce sentencing process (fix the appropriate sentence first, then consider accumulation and totality) applies when sentencing a person already serving a current sentence, not only when sentencing for multiple offences simultaneously.
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