R v S does not preclude a sentencing judge from considering matters already reflected in a discount on the head sentence as special circumstances warranting a further reduction of the non-parole period under s 44(2) of the Crimes (Sentencing Procedure) Act 1999. However, where a judge takes this course, reasons must be given, and the non-parole period must remain commensurate with the objective gravity of the offence. Even where error in reasoning is identified on appeal, the Court of Criminal Appeal may affirm the sentence if no other sentence is warranted in law.
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