Section 44(2) of the Crimes (Sentencing Procedure) Act 1999 does not impose a 'norm' but vests a power; the statute does not inhibit setting a balance term less than one-third of the non-parole period. Where sentences are cumulated and the overall non-parole period exceeds the statutory ratio, the sentencing judge should at least acknowledge that the departure from the statutory ratio was intended. Excessively prolix sentencing remarks (here, 187 paragraphs) are criticised as failing to fulfil the primary purpose of informing the offender of the reasons for sentence.
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