A sentencing judge who declines to impose a life sentence under s 61(1) of the Crimes (Sentencing Procedure) Act 1999 is not thereby precluded from imposing a determinate sentence that extends for all or most of the offender's life expectancy. The reasoning in R v Chen [2003] NSWCCA 327 and R v Folbigg [2005] NSWCCA 23, to the extent they held that a de facto life sentence is excluded where the judge declines to impose a life sentence under s 61(1), is not followed.
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