For Commonwealth child sex offences involving persistent online-facilitated sexual abuse of children overseas, a total effective sentence of 9 years with a 4½-year non-parole period for 28 counts (including persistent sexual abuse carrying a 25-year maximum) was manifestly inadequate. The Nagy approach of attaching an uplifted sentence to the most serious count cannot be applied where it would produce a manifestly excessive sentence on that count; a degree of accumulation is necessary. The Court of Appeal resentenced to 13 years with a 7½-year non-parole period. The term 'residual discretion' in prosecution appeals is misleading — once House v The King error is established, the court exercises a discretion whether to interfere, not a presumption in favour of resentencing.
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