An offender's age, lack of antecedents, and first occasion of custody are not of themselves special circumstances justifying departure from the statutory non-parole period ratio under s 44(2) of the Crimes (Sentencing Procedure) Act 1999 (NSW). Where an alcohol or drug problem is relied upon as a special circumstance, the evidence must establish both the existence of the problem and the need for assistance that cannot adequately be provided within the corrective system or that requires an extended period of supervised release. The finding of special circumstances must be purposeful — directed to an identifiable rehabilitative need, not merely to relieve the offender of the burden of the minimum sentence.
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