When sentencing for historical offences under the MJR framework, special circumstances under s 44 of the Crimes (Sentencing Procedure) Act 1999 may be found in the fact that the sentencing practice for fixing non-parole periods at the time of offending was more liberal than the current statutory regime. However, the availability of remissions at the time of offending is not to be taken into account. In cases of lengthy delay where the offender has been rehabilitated, it is the fact of imprisonment rather than the length of the sentence that is of greatest significance.
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