Where a sentencing judge erroneously classifies an offender as a serious repeat offender under s 54 of the Sentencing Act 2017 (SA), the error vitiates the non-parole period but does not necessarily vitiate the head sentence, particularly where the judge expressly declined to impose anything greater than a proportionate sentence. The head sentence discretion and the non-parole period discretion are treated as separate exercises capable of independent assessment on appeal.
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