The approach in R v Brown regarding the crushing effect of accumulated custodial periods is merely one factor to be taken into account in sentencing and should not be elevated to a principle of totality. Section 44(2) of the Crimes (Sentencing Procedure) Act 1999 (NSW) is a prohibition on making a non-parole period less than three-quarters of the term unless there are special circumstances for it being less; the words 'special circumstances' do not stand alone but must be the reasons found for the non-parole period being less than three-quarters.
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