Where a sentencing discretion has miscarried in respect of a discrete component of the sentencing process (such as the utilitarian discount for a guilty plea), the Court of Criminal Appeal must exercise the sentencing discretion afresh under s 6(3) of the Criminal Appeal Act 1912 (NSW), rather than merely adjusting the discrete component affected by error. The approaches in Daniels v R [2016] NSWCCA 35 and O'Connell v R [2016] NSWCCA 43, which confined the re-exercise to the discrete component, should not be followed. An exception exists for purely arithmetical errors or errors that do not affect the exercise of the sentencer's discretion.
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