A finding of special circumstances under s 44(2) of the Crimes (Sentencing Procedure) Act 1999 (NSW) must be given adequate effect in the structuring of the non-parole period; a departure of only three months from the statutory proportion in an effective non-parole period of five years was insufficient where the sentencing judge had found grave illness making imprisonment significantly more onerous. For s 25A ongoing supply offences involving small quantities of methylamphetamine sold from home premises, a head sentence of five years with ten Form 1 offences and offending on bail is within range but at the upper end.
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