The correct standard non-parole period for offences against s 61M(2) of the Crimes Act 1900 (NSW) committed before 1 January 2008 is 5 years, not 8 years, by operation of s 25AA(2) of the CSPA. The Gett v Tabet principles requiring a decision to be 'plainly wrong' with 'compelling reasons' to depart apply to conclusions on statutory construction reached by the Court of Criminal Appeal even where the appeal was ultimately dismissed under s 6(3) of the Criminal Appeal Act. One would not expect, absent extremely clear language, that a transitional provision would limit the scope or operation of a clearly drafted substantive provision introduced at the same time.
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