A suspended sentence cannot be imposed under s 12(2) of the Crimes (Sentencing Procedure) Act 1999 (NSW) where the offender is subject to another sentence of imprisonment, including during the parole phase of that sentence. Anger and frustration at marital breakdown do not constitute 'special circumstances' justifying departure from the statutory ratio between non-parole period and head sentence. Offences committed while on bail and subject to an apprehended violence order are significantly aggravated and may require accumulation of sentences.
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