When a sentencing judge finds special circumstances under s 44(2), the effective non-parole period must properly reflect that finding. A discount of only 4% from the statutory ratio, when considered against the total period of continuous custody including pre-sentence custody and accumulated sentences, may be insufficient to give effect to a finding of special circumstances. The fact of accumulation of sentences and revocation of parole for which a relatively short sentence was imposed can themselves constitute special circumstances in addition to other factors such as mental illness.
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