A sentencing judge has no power under s 47(2) of the Crimes (Sentencing Procedure) Act 1999 (NSW) to defer the commencement of a sentence to an unspecified future date when the offender has absconded, unless the sentence is to be served consecutively with another sentence. Where sentencing proceedings are tainted by procedural irregularity, the preferable course on appeal is remittal to the sentencing court rather than re-sentencing by the appellate court.
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