Section 9AA of the Sentencing Act 1995 (WA) requires a sentencing judge to determine an appropriate head sentence as a starting point, whether or not that head sentence is expressly stated in the sentencing remarks, and to correctly calculate the percentage discount from that starting point. Where a sentencing judge states the head sentence and the intended discount, a mathematical error in the calculation will constitute an error warranting resentencing. Youth must be given practical effect as a mitigating factor, not merely acknowledged.
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