Reliance by a sentencing judge on a non-existent or erroneous standard non-parole period constitutes regard to an irrelevant consideration under House v The King principles, requiring the appellate court to exercise its independent sentencing discretion under s 6(3) Criminal Appeal Act 1912. The prospect of deportation remains irrelevant to the structuring of a sentence and does not support a finding of special circumstances. When resentencing for an aggregate sentence, the Court should identify indicative sentences for all offences before determining whether a lesser aggregate sentence is warranted.
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