A sentencing judge who declines to set a non-parole period under s 45 of the Crimes (Sentencing Procedure) Act 1999 (NSW) or a recognizance release order under s 19AC of the Crimes Act 1914 (Cth) must articulate reasons that go beyond reciting the statutory formula and address the particular circumstances of the case, especially where the effective fixed term is lengthy and the offender would benefit from supervised release. The question of whether a fixed term equates to the head sentence or the non-parole period remains unresolved, with doubts expressed about the prevailing view from R v Dunn.
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