The standard non-parole period inserted by the Crimes Legislation Amendment (Child Sex Offences) Act 2015 (NSW) for offences under s 66C(2) of the Crimes Act 1900 (NSW) does not apply retrospectively to offences committed before the amendment commenced, by operation of Schedule 2, Part 27, clause 68 of the Crimes (Sentencing Procedure) Act 1999 (NSW). An offender's mental health issues and impaired intellectual functioning will not reduce moral culpability or the weight given to punishment and deterrence unless a link, direct or indirect, between those conditions and the offending conduct is established. Special circumstances may be found based on the combined effect of mental health issues, intellectual impairment, vulnerability in custody, first time in full-time imprisonment, and the need for a longer supervised release period.
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