Where a sentencing judge finds special circumstances under s 44(2) of the Crimes (Sentencing Procedure) Act 1999 and adjusts the statutory ratio on individual counts, the finding must be effectively translated into the aggregate sentence after accumulation; a departure of only six weeks from the statutory ratio does not give full effect to such a finding. Risk of institutionalisation remains a valid basis for a finding of special circumstances even in the face of entrenched recidivism and serious reoffending while on parole.
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