Exchanges between bench and counsel during sentencing proceedings do not generally provide a basis for establishing judicial error on appeal; error must be demonstrated from the sentencing judgment itself. The De Simoni principle is not engaged where the offender's blood alcohol concentration falls below the statutory threshold for the aggravated offence under s 52A(9) of the Crimes Act 1900 (NSW). Following the repeal of s 50 of the Crimes (Sentencing Procedure) Act 1999, courts should not enter parole release orders for sentences of 3 years or less where the offender is also serving a longer sentence.
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