When sentencing for historical sexual offences committed in the 1970s, the court must replicate not only the sentencing levels of that era but also the more liberal practice of fixing non-parole periods at between one-third and one-half of the total sentence. The non-availability of remissions under the current regime is not a relevant consideration. Special circumstances under s 44 of the Crimes (Sentencing Procedure) Act 1999 may be found in the fact that a different sentencing practice existed at the time of the offences.
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