When sentencing for historical offences committed during the remissions era (pre-25 September 1989), the non-parole period must be set at between one-third and one-half of the overall sentence period, reflecting sentencing practice at the time of offending. The Court of Criminal Appeal has power to impose an aggregate sentence under s 53A of the Crimes (Sentencing Procedure) Act 1999 (NSW) on resentencing, even where that power was not available to the sentencing judge at the time of the original sentence. An open question remains as to whether the relevant temporal reference point for historical sentencing practice is the date of offending or the date of likely sentencing.
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