Where an offender commits further offences while on bail during a period of delay, the mitigatory effect of that delay on the rehabilitation limb is diminished if not extinguished. The reasons for delay and the degree to which the accused had control over its length determine the extent to which fairness mitigates sentence. A non-parole period of 77.7% of the head sentence and a total non-parole period of 83.3% of the total effective sentence are not necessarily manifestly excessive for serious drug trafficking offences committed while on bail.
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