When resentencing following Muldrock error for a juvenile offender, the removal of the standard non-parole period, combined with the sentencing judge's findings as to mental disability and youth, will ordinarily warrant a lesser sentence. The resentencing court exercises its discretion afresh but must have proper regard to the sentencing judge's factual findings and the advantages enjoyed by the trial judge, particularly in assessing psychiatric evidence. The question of which law applies on resentencing where the law has changed favourably to the offender between sentencing and resentencing, but the amending legislation states it does not affect existing sentences, remains unresolved in NSW.
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