On a s 21E(3)(b) appeal for partial failure to cooperate, the appellate court's task is confined to substituting a sentence that reflects the extent of the failure to cooperate; it cannot reconsider the appropriateness of the original notional sentence, including on grounds of parity with co-offenders or alleged errors in the original sentencing. Where the court alters the sentence, it must determine the non-parole period afresh applying Hili principles (no norm or starting point).
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