Where a sentencing judge finds special circumstances under s 44(2) of the Crimes (Sentencing Procedure) Act 1999 but structures the sentences so that the non-parole period exceeds the statutory 75% ratio rather than falling below it, the Court of Criminal Appeal will intervene to resentence, even where the Crown submits that the proviso in s 6(3) of the Criminal Appeal Act 1912 should apply. A psychologist's report may be rejected where the key opinions depend on a diagnosis the psychologist is not qualified to make and on a history inconsistent with other evidence.
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