Where a second sentencing judge fully accumulates sentences on those imposed by a first judge for related offending, the combined non-parole period must be assessed against the combined head sentence for conformity with the statutory ratio in s 44(2) of the Crimes (Sentencing Procedure) Act 1999 (NSW). A combined ratio of approximately 84% was held to be disproportionate and was corrected by restructuring an individual sentence to restore the overall ratio to approximately 75%. The court was divided on whether unexplained delay in charging (here, over two years) required a reduction in sentence where the offences were committed while on bail for identical offences.
The full text is available to signed-in members, including the 20 later cases that cite this judgment.
9 of the 20 citing cases carry a classified treatment. How each court treated it is available to signed-in members.