A finding of special circumstances under s 5(2) of the Sentencing Act 1989 does not authorise a minimum term that fails to reflect the objective gravity of the offence. The discretion to depart from the statutory ratio must be exercised with one eye on the minimum term, which must remain commensurate with the gravity of the crime. Commission of serious offences while on conditional liberty (bail or recognisance) warrants marked aggravation of penalty. Where a sentencing judge fails to state reasons for a finding of special circumstances as required by s 5(3), the appellate court may sustain the finding if the material justifies it.
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