A sentencing judge's failure to refer to a standard non-parole period is not of itself a discrete error or ground of appeal, but is properly characterised as one possible indication that the sentence may be demonstrably erroneous. Following s 68A of the Crimes (Appeal and Review) Act 2001 and R v JW, the double jeopardy principle no longer requires the Court of Criminal Appeal to impose a sentence at the lower end of the available range on a Crown appeal; decisions in R v Mereb and R v Lin that applied the lesser sentence principle without reference to R v JW must be read subject to that authoritative decision. A sentencing judge's refusal to view CCTV footage of an offence may constitute a denial of procedural fairness to the Crown, particularly where the offender's oral evidence raises matters beyond the agreed facts.
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