The sentencing practice at the time historical sexual offences were committed (here 1974-1982), under which non-parole periods were typically set at between one-third and one-half of the head sentence, constitutes a special circumstance under s 44(2) of the Crimes (Sentencing Procedure) Act 1999 justifying departure from the statutory proportion. This applies even where the offender's subjective case is not particularly strong. The obligation to have regard to historical sentencing practice does not require a mechanistic approach; substantial regard to the earlier practice is sufficient.
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