Where a sentencing judge finds special circumstances under s 44(2) of the Crimes (Sentencing Procedure) Act 1999, the judge must consider the impact of that finding on the total effective non-parole period, not merely adjust the ratio for the individual sentence being imposed. The totality principle from Mill v The Queen applies where delay in prosecution results in related offences being sentenced at different times, requiring the second sentencing judge to ask what sentence would likely have been imposed had all offences been dealt with together.
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