The historical sentencing practice of non-parole periods of one-third to one-half of the head sentence for offences committed under the Parole of Prisoners Act 1966 is a discretionary factor to be taken into account, not a mandatory constraint; a sentencing judge is not required to fix a non-parole period within that range. The majority expressed the obiter view that s 25AA of the Crimes (Sentencing Procedure) Act 1999 (NSW) applies to resentencing by the CCA even where the original sentence was imposed before s 25AA commenced, though this was not necessary for the decision and Brereton JA dissented on this point.
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