When a sentencing judge employs the Nagy methodology of imposing concurrent sentences with an uplift on the most serious offence, and that offence carries a serious violent offence declaration requiring 80% minimum custody, the judge must ensure the resulting non-parole period is not longer than would have resulted from cumulative sentences. The majority reduced the head sentence from 11 to 9.5 years to achieve this. Henry J's dissent provides an alternative analysis that all moderation for mitigating circumstances can properly be reflected in the head sentence alone where a serious violent offence declaration applies.
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