Section 43 of the Crimes (Sentencing Procedure) Act 1999 (NSW) does not permit a court re-opening proceedings to correct a penalty contrary to law to receive additional evidence or conduct a general re-sentencing exercise; the power is confined to correcting the specific error that rendered the penalty contrary to law. The weight to be attributed to an offender's background of social deprivation remains a matter for the sentencing judge, and a sentencing judge who acknowledges the deprivation but notes the offender's failure to seek rehabilitation does not thereby fail to give 'full weight' to that background.
The full text is available to signed-in members, including the 4 later cases that cite this judgment.
1 of the 4 citing cases carry a classified treatment. How each court treated it is available to signed-in members.