When re-determining a life sentence under s 13A of the Sentencing Act 1989 (NSW), the sentencing judge may extend the concurrent murder sentence to reflect the overall criminality of all offences where s 13A(5) precludes cumulative sentences. The Court expressed the view (obiter) that Sch 1, cl 4(3) of the Crimes (Sentencing Procedure) Act 1999 (NSW), restricting the Supreme Court's jurisdiction regarding non-release recommendation offenders, does not operate retrospectively to constrain the Court of Criminal Appeal's re-sentencing power under s 6(3) of the Criminal Appeal Act 1912 (NSW).
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