The mere presence of a factor capable of constituting 'special circumstances' under s 44(2) of the Crimes (Sentencing Procedure) Act 1999 (NSW) does not oblige a sentencing judge to vary the statutory proportion; the circumstances must be sufficiently special to justify a variation. Double counting of matters already reflected in the head sentence must be avoided when adjusting the non-parole period. The Court expressed concern that special circumstances findings had become so prevalent as to undermine Parliament's intention that the statutory proportion apply as the norm.
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