In NSW, a sentencing court will not backdate or reduce a sentence to account for time wrongly spent in custody on unrelated charges; the Victorian 'Renzella discretion' does not constitute a common law principle applicable in NSW. Where a co-offender's successful sentence appeal disrupts the relativities established by the sentencing judge, the appropriate remedy is to restore the relativity without re-exercising the sentencing discretion. A Court of Criminal Appeal need not identify a House v The King error to intervene on a parity ground.
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