When sentencing following a plea of guilty, the standard non-parole period under Division 1A of the Crimes (Sentencing Procedure) Act 1999 must not be used as the starting point for calculating the sentence; the correct approach is to use the maximum prescribed penalty as the starting point and treat the standard non-parole period as a reference point or guidepost. A prior conviction listed under s 21A(2) cannot be used to increase a sentence beyond what is proportionate to the offence, by operation of s 21A(4) and the common law rule in Veen v The Queen (No 2). Where a Local Court offence is dealt with in the District Court for convenience, the sentencing judge must have regard to the jurisdictional limit of the Local Court as the applicable maximum penalty.
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