Section 668F(1) of the Criminal Code (Qld) confers power on the Court of Appeal to resentence on surviving convictions following the quashing of another conviction on the same indictment, even where the appellant has not appealed against either the conviction or sentence on the surviving count. An unchallenged conviction recorded on the court's record is conclusive that the appellant has been 'properly convicted' for the purposes of the section. The Victorian Court of Appeal's contrary reasoning in R v Gibb should not be followed. Separately, the evidence of a single drug transportation, without evidence of continuity or intention to repeat, is insufficient to establish the offence of carrying on the business of unlawfully trafficking under s 5 of the Drugs Misuse Act 1986 (Qld).
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