The degree of variation to the statutory ratio following a finding of special circumstances is discretionary, and a sentencing judge is not obliged to vary the ratio to the same degree after partial accumulation as was applied to individual sentences. Injuries sustained by an offender in the commission of an offence do not constitute extra-curial punishment unless there is evidence of serious loss or detriment, including ongoing disability. Where error is identified in including remorse in the quantification of a plea discount, re-sentencing is not warranted if the evidence does not support a finding of good rehabilitation prospects and the sentencing considerations of punishment, deterrence and denunciation lead to the same result.
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