The Court of Criminal Appeal has common law power to order a long remand in the nature of s 19B of the Criminal Law (Sentencing) Act 1988 (SA) after allowing a sentence appeal and setting aside the sentence below, regardless of whether s 19B itself confers such power on an appellate court. The welfare of dependent children of an offender is always an important sentencing consideration grounded in the public interest in ensuring the welfare of all children, though it may be outweighed by competing interests in community protection, punishment and deterrence. Whether s 19B itself empowers an appellate court to grant such a remand remains an open question.
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