Section 25AA(2) of the Crimes (Sentencing Procedure) Act 1999 (NSW) requires the standard non-parole period for child sexual offences to be that which applied at the time of the offence, and a retrospective increase to the SNPP effected by later amending legislation does not constitute the SNPP that 'applied at the time of the offence' within the meaning of s 25AA(2). Accordingly, for offences under s 61M(2) committed before 1 January 2008, the applicable SNPP is 5 years, not 8 years. However, Brereton JA expressed the contrary view that cl 91 of Sch 2 preserved the 8-year SNPP, and the issue was not finally resolved as the appeal was dismissed on the basis that no lesser sentence was warranted. The question of whether aggregate sentences are available for Commonwealth offences was also left open.
The full text is available to signed-in members, including the 6 later cases that cite this judgment.
1 of the 6 citing cases carry a classified treatment. How each court treated it is available to signed-in members.