Where an aggregate sentence includes indicative sentences referable to convictions that have been set aside on appeal, the aggregate sentence must be quashed. On remittal from the High Court for resentencing on remaining counts, the CCA may remit to the District Court under s 12(2) of the Criminal Appeal Act 1912 (NSW) where sentencing material is not before the CCA, remittal preserves appeal rights, and related counts are to be retried. Detention under r 5.10(2) of the Supreme Court (Criminal Appeal) Rules 2021 (NSW) operates as a matter of law and the CCA should not make a separate order that might impede the Bail Act 2013 (NSW).
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