The standard non-parole period regime under Division 1A of Part 4 of the Crimes (Sentencing Procedure) Act 1999 (NSW) does not apply to offenders who were under 18 at the time of the offence, by operation of s 54D(3) inserted with effect from 1 January 2009. The weight to be given to the principles in s 6 of the Children (Criminal Proceedings) Act 1987 diminishes as the offender approaches 18 years of age, and a child offender of almost 18 cannot expect to be treated substantially differently from an offender just over 18. Assistance to authorities that overlaps substantially with other mitigating factors (plea of guilty, remorse) warrants only modest discount.
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