Where a sentencing court applies the totality principle by reference to another sentence that is subsequently quashed on appeal, the CCA may intervene on the basis that the change in circumstances is analogous to fresh evidence that existed at sentencing but was not fully appreciated. However, the remedy is not automatic backdating of the sentence commencement date; the Court must re-exercise the sentencing discretion afresh, taking into account that totality considerations informed the original sentence. Section 24(a) of the Crimes (Sentencing Procedure) Act 1999 requires time in custody to be taken into account but does not prescribe any particular method for doing so.
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