A sentence cannot be increased beyond what is proportionate to the crime in order to enable an offender to access a rehabilitation programme that will only become available at a future date. The power under s 47(2) of the Crimes (Sentencing Procedure) Act 1999 (NSW) to fix a later commencement date for a sentence cannot be used for this purpose either. Standard non-parole periods retain some, though reduced, significance after Muldrock v R [2011] HCA 39.
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