Section 44 of the Crimes (Sentencing Procedure) Act 1999 (NSW) operates on individual sentences, not aggregate periods of imprisonment. The practice of relating effective non-parole periods to aggregate terms is a practice only, affording the sentencing judge a wider range of flexibility. Financial gain under s 21A(2)(o) is not an inherent element of break, enter and steal offences and may properly be treated as an aggravating factor. The failure to consider that an offence could have been dealt with summarily is unlikely to constitute appellable error where the relevance of that factor was not raised before the sentencing judge and is not self-evident.
The full text is available to signed-in members, including the 37 later cases that cite this judgment.
11 of the 37 citing cases carry a classified treatment. How each court treated it is available to signed-in members.