Where a sentencing judge erroneously applies a standard non-parole period to an offence not carrying one, the proviso in s 6(3) of the Criminal Appeal Act 1912 (NSW) is triggered and the Court of Criminal Appeal must re-exercise the sentencing discretion. The likelihood of a manifestly excessive sentence resulting from such error depends on the ratio between the standard non-parole period for the allied offence and the maximum penalty. In sentencing for conspiracy offences, the court must reflect the organisational nature of the conspiracy and the offender's position in the hierarchy, not merely the physical acts attributable to that offender.
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