A sentencing judge's failure to indicate when passing sentence whether the statutory sentencing discount was applied and how the sentence was calculated constitutes an error of law under s 25F(7) of the Crimes (Sentencing Procedure) Act 1999 (NSW), notwithstanding s 25F(8). Post-judgment amendments to published reasons that purport to demonstrate the discount was applied — particularly those made after an appeal is filed — may be disregarded by the appellate court. Where there is unresolvable uncertainty as to whether the discount was applied, the Court of Criminal Appeal will generally intervene and resentence.
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