Where a sentencing judge contemplates imposing a non-parole period substantially greater than 75% of the head sentence, and neither the Crown nor the judge has foreshadowed that possibility, the defence must be afforded an opportunity to address the issue. Failure to do so may constitute a denial of procedural fairness amounting to practical injustice, warranting resentence. Section 44(2B) of the Crimes (Sentencing Procedure) Act 1999 (NSW) does not require a finding of special circumstances before imposing a non-parole period greater than 75% of the head sentence, but reasons should be given for doing so.
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