A failure to give effect to a finding of special circumstances under s 44(2B) of the Crimes (Sentencing Procedure) Act 1999 requires a full Kentwell resentencing, not merely an adjustment of the non-parole period, where the sentencing judge did not specify the intended non-parole period. The distinction is between errors that can be corrected by giving effect to the sentencing judge's clear intention (which do not require full resentencing) and errors where the appellate court must make its own assessment of how to complete the sentencing exercise (which do require full resentencing). The Crown's refusal to consent to confining the appeal to the non-parole period was a relevant factor, though the Court indicated the error affected the whole sentencing exercise regardless.
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