A finding of special circumstances under s 44(2) of the Crimes (Sentencing Procedure) Act 1999 (NSW) must be reflected in the overall sentence structure after accumulation, not merely in individual sentences. Where accumulation restores the statutory proportion (or close to it), the finding is effectively negated and the sentence is erroneous in structure. The similarity of offences involving dwelling houses does not require concurrency where the offences are discrete and not part of a single criminal enterprise.
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