Where a sentencing judge's remarks on sentence refer to individual sentences but the formal court record records an aggregate sentence, the court record prevails and the individual sentences are to be treated as indicative sentences under s 53A(2)(b). The absence of commencement dates for individual sentences in the remarks is a powerful indication they were intended as indicative sentences. Courts should be slow to infer that a sentencing judge has not approached the sentencing task in accordance with the law where the sentence and remarks are capable of being construed consistently with correct application of the law.
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