A finding of no special circumstances under s 44 of the Crimes (Sentencing Procedure) Act 1999 is a finding of fact, and the Court of Criminal Appeal is no more entitled to interfere with it than with any other finding of fact, provided it was open on the material. First-time custody and age alone do not require a finding of special circumstances. The question of the correct approach to special circumstances was noted as being shortly to be resolved by a five-judge bench.
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