When sentencing for historical offences where the maximum penalty was reduced after the date of offences but subsequently increased prior to sentencing, the correct approach is to have regard to the maximum penalty at the time of the offence and at the time of sentence, not to afford the offender the benefit of the lowest intervening maximum penalty. Section 19 of the Crimes (Sentencing Procedure) Act 1999 does not apply where common law offences were replaced with statutory offences in different terms rather than the penalty for the same offence being reduced.
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