An erroneous application of a standard non-parole period that did not exist at the time of offending constitutes appellable sentencing error. However, where the Court's independent exercise of the sentencing discretion on resentence would produce a longer sentence, no lesser sentence is warranted in law and the appeal will be dismissed. Pursuant to s 25AA of the Crimes (Sentencing Procedure) Act 1999 (NSW), the Court on resentence has regard to sentencing practices as they apply at the time of resentencing, not at the time of offending.
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