Where a sentencing judge finds special circumstances but inadvertently fails to reduce the non-parole period below the default 75% ratio, and the judge did not specify the intended numerical outcome, the Court of Criminal Appeal must re-exercise the sentencing discretion rather than merely correct an arithmetical error — but the resentencing exercise may be confined to the non-parole period where neither party challenges the head sentence.
The full text is available to signed-in members, including the 7 later cases that cite this judgment.
6 of the 7 citing cases carry a classified treatment. How each court treated it is available to signed-in members.