When the Court of Criminal Appeal re-exercises the sentencing discretion under Kentwell v The Queen, it is permissible to adopt relevant, unchallenged factual findings and evaluations of the primary judge; Kentwell does not require the appellate court to reconsider afresh every factual matter and evaluation that informed the original sentence. An alleged error in the Court's approach to resentencing under Kentwell is not a 'misapprehension' within the meaning of r 50C, but an error for which the remedy is an application for special leave to the High Court.
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