Section 44(2) of the Crimes (Sentencing Procedure) Act 1999 (NSW) does not prohibit a sentencing court from setting a balance of term that is less than one-third of the non-parole period. A sentencing judge's failure to make specific reference to the effect of cumulation on the overall non-parole period does not necessarily constitute error, particularly where the departure from the statutory proportion is minor and the judge has taken care in selecting the overall non-parole period having regard to objective gravity and antecedents.
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