A sentencing judge's finding of special circumstances under s 44(2) of the Crimes (Sentencing Procedure) Act 1999 (NSW) does not require any particular quantum of departure from the statutory ratio. Where the sentencing judge clearly states the intended aggregate sentence and achieves it through the individual sentences imposed, the Court of Criminal Appeal will not intervene merely because the departure from the statutory ratio is modest, provided the non-parole period properly reflects the objective gravity of the offences and the purposes of sentencing.
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