A sentencing judge's failure to specify a finding of special circumstances under s 44(2) of the Crimes (Sentencing Procedure) Act 1999 does not constitute error where the basis for such a finding is apparent from the material. The balance of term on an individual count cannot be fixed by reference to the aggregate of accumulated sentences, but in the case of accumulated sentences, the non-parole period on the last sentence may be reduced to reflect the statutory relationship between the aggregate non-parole period and the overall total sentence. An explanation for delay in entering a guilty plea cannot be relied upon on appeal as grounding sentencing error where it was not placed before the sentencing judge, absent a submission of legal incompetence.
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