Section 354(1) of the Criminal Law Consolidation Act 1935 (SA) does not empower an appellate court to adjust the sentence for surviving offences when the quashed conviction was charged on a separate instrument; in such cases, the appellant must appeal against the whole sentence. When the most serious offence in a group is quashed, the totality principle may no longer justify concurrency among the remaining sentences if the remaining total is not of sufficient magnitude. Credit for home detention bail is discretionary and may properly be refused where the offender breached bail conditions.
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