A sentencing judge cannot revoke bail for the collateral purpose of creating a custodial period to bring a sentence within the two-year ICO limit under s 7 of the Crimes (Sentencing Procedure) Act 1999 (NSW). Sentencing must be conducted in a single stage, not in two stages. A bare statement that 'the court has considered s 3A' is manifestly insufficient to demonstrate that the purposes of sentencing have been taken into account. The residual discretion in Crown appeals may be exercised where the flawed sentencing process was entirely of the sentencing judge's making and the respondent was subjected to an unlawful deprivation of liberty.
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