For offences committed before 1 February 2003, s 44 of the Crimes (Sentencing Procedure) Act 1999 requires the sentencing court to first set the head sentence and then the non-parole period; use of the post-amendment formula (non-parole period first) constitutes an error enabling re-sentencing on appeal. A sentencing judge's failure to expressly quantify the discount for the utilitarian value of a guilty plea does not necessarily constitute error where the leniency of the sentence, combined with references to the plea being entered at the earliest opportunity, discloses that an appropriate discount was allowed.
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