Where a sentencing judge finds reasons to depart from the standard non-parole period under Division 1A, the standard non-parole period must nevertheless be retained as a reference point in the sentencing determination and cannot simply be put to one side. A non-parole period of only 10% of the standard non-parole period for a mid-range offence is indicative of error. For s 66A offences, the isolated nature of the offending and the nature of the sexual intercourse are relevant to the assessment of objective seriousness and cannot be treated as irrelevant. Assumptions about deprivation of privileges in protective custody require evidentiary foundation.
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