The need to preserve proper parity between co-offenders may itself amount to 'special circumstances' under s 44 of the Crimes (Sentencing Procedure) Act 1999 (NSW), enabling a reduction in the non-parole period below the statutory three-quarters ratio. This applies in exceptional cases where subjective factors favourable to co-offenders are insufficient to justify the applicant spending longer in custody despite being sentenced for significantly less criminality. Disparity does not generally arise simply from different findings on special circumstances between co-offenders, but may arise where the overall result produces manifest unfairness.
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