Section 44(2) of the Crimes (Sentencing Procedure) Act 1999 (NSW) sets a floor (not less than 75%) for the non-parole period in the absence of special circumstances, but does not set a ceiling. Where multiple offences require partly cumulative sentences and the sentencing judge deliberately sets the non-parole period above 75% of the total term, the appropriate remedy if a longer parole period is needed is to increase the overall term, not reduce the non-parole period.
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