The considerations applicable to setting a non-parole period, while generally the same as those for the head sentence, must be weighed differently according to the different purposes behind each function, following Bugmy v The Queen. For a juvenile offender sentenced to a very long determinate term for murder, the offender's youth, the difficulty of predicting the future, the length of the head sentence, the contribution of rehabilitation to release on parole, and the non-automatic nature of parole release may in combination constitute special circumstances warranting a non-parole period substantially less than three-quarters of the head sentence. A sentencing judge is not required to be satisfied beyond reasonable doubt that a prisoner will reoffend; it is sufficient if a risk of reoffending is established, and the probability of danger and the gravity of consequences interact.
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