A finding of special circumstances in relation to one indicative sentence within an aggregate sentence does not require the finding to be translated into the non-parole and parole components of the aggregate sentence, provided the sentencing judge specifically adverted to and intended the result. Technical errors in commencement dates and maximum penalty statements for indicative sentences are immaterial where the aggregate sentence properly reflects the totality of criminality. The advanced age of an offender (here, 57 at sentencing, 68 at earliest release) does not of itself warrant a lesser sentence absent evidence that imprisonment would be more onerous on account of age, health or life expectancy.
The full text is available to signed-in members, including the 19 later cases that cite this judgment.
7 of the 19 citing cases carry a classified treatment. How each court treated it is available to signed-in members.