Where there was a miscarriage of justice Leave to extend time to appeal
Quick Take
1Where a sentencing magistrate proceeds on a materially incorrect understanding of the total effective sentence previously imposed (here, 14 months instead of the actual 8 months), the error pervades the entire resentencing exercise and constitutes a miscarriage of justice warranting appellate intervention.
2Under s 84F(b) of the Sentencing Act 1995 (WA), the court retains discretion to order that only part of a suspended sentence be served, and in exercising that discretion may take into account time already served in custody attributable to the erroneous sentence.
