When imposing an aggregate sentence under s 53A of the Crimes (Sentencing Procedure) Act 1999 (NSW), the discount for a guilty plea must be applied to each indicative sentence, not merely to the aggregate sentence. Failure to do so constitutes error with the capacity to influence the sentence, requiring resentencing. However, a failure to specify the non-parole period for indicative sentences where a standard non-parole period applies (s 54B(4)) does not have the capacity to influence the aggregate sentence and does not warrant appellate intervention. The non-invalidity provisions in ss 53A(5) and 54B(7) do not relieve sentencing courts of their statutory obligations or appellate courts of their duty to correct error.
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