A miscalculation of pre-sentence custody credit is an error of a technical nature amenable to rectification under s 20 of the Sentencing Act 2017 (SA) and does not vitiate the sentencing discretion. Revocation of a home detention order for breach does not necessarily produce disproportionate consequences in the way revocation of a suspended sentence might, because a defendant on home detention is already serving a term of imprisonment. The question of whether the Court of Criminal Appeal is a court of coordinate jurisdiction for the purposes of s 20 remains open.
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