Where a sentencing judge finds special circumstances based on the need for extended rehabilitation, the finding must be reflected in the overall effective sentence, not merely in individual sentences. If the accumulated sentence produces a ratio close to the statutory norm without the judge indicating awareness of this, error is established. The decision whether to backdate a sentence to overlap with a revoked parole period remains discretionary, and time spent serving the balance of revoked parole is not time held in custody 'in relation to' the fresh offence under s 47(3) of the Crimes (Sentencing Procedure) Act 1999 (NSW).
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