A sentencing magistrate's failure to expressly refer to all matters or to give extensive reasons does not, of itself, establish specific error warranting appellate intervention, particularly given the pressures under which magistrates operate. Where a Crown appeal succeeds in establishing error by a primary judge on resentence, the Court of Appeal retains a residual discretion under s 37O of the Supreme Court Act 1933 (ACT) to dismiss the appeal where the respondent has served most of the non-parole period and has good rehabilitation prospects.
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