Where an offender is resentenced following a successful appeal and retrial resulting in conviction on fewer counts, the resentencing exercise must be conducted afresh on the basis of the second trial evidence and verdicts. No assistance is to be had by comparing the first sentence with the second and enquiring whether a sufficient reduction was allowed for the removal of additional offences. The Court will permit withdrawal of a notice of abandonment of an appeal only in very limited circumstances, and the merits of the substantive application must be considered when deciding whether to exercise any power to reopen.
The full text is available to signed-in members, including the 1 later case that cites this judgment.
1 of the 1 citing case carries a classified treatment. How each court treated it is available to signed-in members.