R v Simpson (2001) 53 NSWLR 704 is inconsistent with Kentwell v The Queen insofar as it states or might be taken as stating that, after establishing House error, the Court of Criminal Appeal first considers whether the sentence was within range or the extent to which the error affected the sentence before re-exercising the sentencing discretion. Once House error is established, the Court must independently re-exercise the sentencing discretion without assessing the degree to which the error influenced the outcome. The standard non-parole period remains a mandatory consideration and significant guidepost (not a starting point) following the 2015 amendments to Division 1A.
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