Where a sentencing judge increases the non-parole period above the statutory 75% ratio under s 44 of the Crimes (Sentencing Procedure) Act 1999, reasons must be provided for doing so; failure to provide reasons may give rise to a conclusion that the departure was the result of error or oversight, warranting appellate intervention. Mitigating factors other than the plea of guilty should not be quantified as a percentage discount but should be assessed through instinctive synthesis.
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