The application of s 354(1) of the Criminal Law Consolidation Act 1935 (SA) involves a three-stage process: (1) determining that the appellant was properly convicted on some counts but not others; (2) determining whether to affirm or re-sentence; and (3) if re-sentencing, passing such sentence as the Court thinks proper. The fixing of a non-parole period under s 32 of the Sentencing Act is a 'sentence' within s 354(1), and where the original non-parole period covered both quashed and upheld convictions, the Court must exercise the power to fix a non-parole period afresh. There is no power under s 354(1) to remit for re-sentencing on counts not affected by the appeal.
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