A sentencing judge who imposes a non-parole period exceeding the statutory proportion of 75% under s 44(2) of the Crimes (Sentencing Procedure) Act 1999 (NSW) must expressly consider whether special circumstances exist; failure to do so constitutes appealable error. Accumulation of sentences may itself constitute special circumstances warranting departure from the statutory ratio. Where a jury returns a guilty verdict on a primary count, no conviction or sentence should be entered on an alternative count charged in the same indictment.
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