A sentencing judge's error as to the maximum penalty for an offence (here, stating 25 years instead of life imprisonment) is a matter of real significance that may of itself call for appellate intervention, as the maximum penalty is fundamental to the determination of the appropriate sentence. In Crown appeals, the focus is on whether the totality of criminality is adequately reflected in the total sentence. When cumulative sentences are imposed, special circumstances should generally be found in respect of the later sentence to preserve the statutory non-parole period ratio under s 44 of the Crimes (Sentencing Procedure) Act 1999.
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