Section 7(1) of the Criminal Appeal Act 1912 (NSW) involves a two-stage enquiry when a conviction appeal is partially successful: first, whether to affirm or resentence (considering the connection between quashed and remaining counts, the application of totality, and adequacy of remaining sentences); and second, if resentencing, the discretion must be exercised afresh de novo. Where the sentencing judge gave effect to totality by making the quashed count wholly concurrent with other counts, and the remaining sentences are not anomalous, no occasion to invoke s 7(1) arises. This framework applies equally to limiting terms imposed after special hearings under the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW).
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