A sentencing judge imposing cumulative sentences must consider the question of special circumstances under s 44(2) of the Crimes (Sentencing Procedure) Act 1999 (NSW) not only in relation to individual sentences but also in relation to the combined effect of all sentences on the overall ratio between non-parole and parole periods. Failure to do so may, and in all likelihood will, constitute sentencing error. The focus should be on both the percentage proportions and the actual periods of parole in absolute terms. Cases where the non-parole period exceeds 75% of the total may be upheld only where the sentencing judge deliberately intended that result and the actual parole period remains substantial.
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