Section 44(2) of the Crimes (Sentencing Procedure) Act 1999 (NSW) does not prohibit a non-parole period exceeding three-quarters of the head sentence; it sets a minimum ratio, not a maximum. A finding of special circumstances is not mandatory merely because a matter capable of constituting special circumstances exists; the finding depends on all the circumstances of the case.
The full text is available to signed-in members, including the 7 later cases that cite this judgment.
4 of the 7 citing cases carry a classified treatment. How each court treated it is available to signed-in members.