Section 12(2) of the Criminal Appeal Act 1912 (NSW) confers a broad, general discretion to remit a matter for resentencing to a trial court. There is no requirement for a positive impediment to the CCA conducting the resentencing before remittal can be ordered. The power to resentence under s 5D does not have primacy over the power to remit under s 12(2). Relevant factors include whether the offender is in custody, preservation of appeal rights, and whether further evidence may need to be adduced and tested.
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