The standard non-parole period regime in Div 1A of the Crimes (Sentencing Procedure) Act 1999 (NSW) does not apply to attempt offences; an erroneous reference to a standard non-parole period that does not apply is equivalent to referring to a wrong statutory maximum and will vitiate the sentence. A finding of special circumstances under s 44 to vary the statutory ratio between non-parole period and head sentence serves no practical purpose where the non-parole period has already expired.
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4 of the 13 citing cases carry a classified treatment. How each court treated it is available to signed-in members.