A non-parole period comprising only 20% of the head sentence should be very rare and requires the most extraordinary circumstances to justify, because such a ratio will ordinarily be incapable of performing the manifold functions of sentence under s 3A of the Crimes (Sentencing Procedure) Act 1999. The welfare of a third party may be taken into account as part of an offender's subjective case but must not be given such weight as to amount to an exceptional circumstance of itself justifying a substantial reduction. Where delay in hearing a Crown appeal (not attributable to the Crown) brings the offender's release date into close proximity, the Court may exercise its residual discretion not to intervene despite finding error.
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