No leave is required to appeal against a sentence pursuant to s 5AA and s 5AF of the Criminal Appeal Act 1912 (NSW); earlier suggestions to the contrary in Moses v R and Willmott v R are in error. An error in failing to apply a guilty plea discount to indicative sentences will not warrant intervention where the error is immaterial to the aggregate sentence. When assessing indicative sentences, the maximum penalty available in the Local Court should not be treated as the maximum penalty for the offence; less serious offences properly dealt with in the Local Court may attract sentences at or close to the Local Court's jurisdictional limit.
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