When re-sentencing after finding error on another ground, the CCA may form its own view about the appropriate degree of departure from the statutory default ratio under s 44 of the Crimes (Sentencing Procedure) Act, even though the sentencing judge's finding of special circumstances is not disturbed. An undiscounted total sentence approaching the maximum penalty cannot be reconciled with a finding of mid-range objective seriousness, even where the non-parole period component alone is appropriate.
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