A sentencing judge is not required to refer to Bugmy v The Queen by name or expressly use the phrase 'moral culpability'; the question is one of substance rather than form, and it suffices if the sentencing remarks extensively address the offender's disadvantaged background and the conflicting purposes of punishment. Where an offender commits offences shortly after release on parole and incurs multiple prison infringements during the balance of the previous term, it is open to the sentencing judge to decline to backdate the new sentence and instead adjust the statutory ratio between non-parole period and balance of term to reflect totality.
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