Section 44(2) of the Crimes (Sentencing Procedure) Act 1999 (NSW) (in its earlier form) only restricts setting a non-parole period below 75% of the head sentence without special circumstances; it does not prevent a sentencing judge from setting a non-parole period above 75%. A discount of 13.3% for guilty pleas entered shortly before trial is within the permissible range of 10-25% identified in Thomson & Houlton. A starting point of 75% of the maximum penalty for supply of commercial quantities of drugs by a principal organiser of a syndicate operating over five months is within the range of sound sentencing discretion.
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