Section 59 of the Crimes (Sentencing Procedure) Act 1999 (NSW) contains no time limit for applications to vary the commencement date of a sentence following the quashing of another sentence, but extensive delay combined with significant intervening events (further offences, parole revocation, new sentences) may justify refusal in the exercise of discretion. Where no House v The King error is identified in the sentencing judge's reasoning, the proper mechanism is s 59 rather than a sentence appeal. Practitioners should bring s 59 applications expeditiously after a sentence is quashed.
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