When calculating the ratio between total sentence and non-parole period under s 44(2) of the Crimes (Sentencing Procedure) Act 1999, the earlier sentence being served should not be accumulated with the current sentence for the purpose of that calculation. The dissent (Kirby J) provides a detailed analysis of the principle that a finding of special circumstances must be reflected in the overall non-parole period, not merely in individual sentences, following R v LWP [2003] NSWCCA 215.
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