The concept of 'special circumstances' under s 5(2) of the Sentencing Act 1989 directs attention to circumstances justifying a larger proportionate additional term, not merely circumstances justifying a lower minimum term. Prior custody served in broken periods is capable of constituting special circumstances, but absence of prior criminal history is not. Where a sentencing judge has already displayed considerable leniency, the Court of Criminal Appeal should not intervene to reduce the minimum term further.
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