Indicative sentences under s 53A(2)(b) of the Crimes (Sentencing Procedure) Act 1999 must factor in the discount for guilty pleas; it is erroneous to select an aggregate sentence and then apply the discount to the aggregate. Non-compliance with s 54B(4) in failing to specify non-parole periods for standard non-parole period offences is confirmatory of a failure to give proper weight to the standard non-parole period. Where a sentencing judge imposes a wholly exceptional sentence, express findings of exceptional circumstances and adequate explanation of the reasoning are required. The residual discretion on a Crown appeal may be exercised to decline to resentence where there is solid and substantial evidence of rehabilitative steps taken between sentence and appeal, even where the original sentence was manifestly inadequate.
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