When sentencing for historic child sexual assault offences, the non-parole period should reflect the sentencing practice at the time of offending. Under the Parole of Prisoner Act 1966, non-parole periods were fixed at between one-third and one-half of the total sentence, and special circumstances under s 44 of the Crimes (Sentencing Procedure) Act 1999 can be found in the change in sentencing practice to avoid unfairness from delay. For offenders of advanced age with health issues and intellectual disabilities, general deterrence has little role to play in determining the length of sentence, though denunciation and retribution remain relevant.
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