A sentencing judge who indicates a tentative intention to impose a particular type of sentence (such as an intensive corrections order) and then departs from that course after reserving, without affording the offender an opportunity to adduce further evidence, may be found to have denied procedural fairness. The jurisdictional basis for appeal bail in the ACT Court of Appeal remains s 37J(1)(d) of the Supreme Court Act 1933 (ACT) as an incident of the stay power, not s 9E of the Bail Act 1992 (ACT), following Quzag.
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