A finding of special circumstances under s 44(2) of the Crimes (Sentencing Procedure) Act 1999 (NSW) is not confined to the need for an extended period of supervision on parole; the full range of considerations relevant to the minimum period of actual incarceration may be taken into account. There is no obligation to give reasons for not varying the statutory ratio. On sentence appeals under s 6(3) of the Criminal Appeal Act 1912 (NSW), the court must form a positive opinion that another sentence is warranted in law and should have been passed, not merely identify error in the sentencing process.
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