A disparity in non-parole periods between co-offenders resulting from different findings of special circumstances under s 44 of the Crimes (Sentencing Procedure) Act 1999 does not, of itself, give rise to a justifiable sense of grievance. However, protective custody is a relevant factor that must be considered in the special circumstances inquiry, particularly for young first-time prisoners, and failure to advert to it may constitute appealable error.
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