Where a sentencing judge expressly finds special circumstances on individual charges, that finding must be reflected in the total effective sentence; a total non-parole period of approximately 80% of the total sentence is inconsistent with a finding of special circumstances under s 44(2) of the Crimes (Sentencing Procedure) Act 1999. The court was divided on whether a compensation order under s 77B of the Victims Support and Rehabilitation Act 1996 requires express reference to the mandatory considerations in s 77D.
The full text is available to signed-in members, including the 4 later cases that cite this judgment.