A sentencing judge's refusal to find special circumstances under s 44(2) of the Crimes (Sentencing Procedure) Act 1999 (NSW) is a discretionary finding of fact that will not be disturbed on appeal absent House v The King error. An applicant's history of non-compliance with rehabilitation programs is a proper basis for concluding that an extended parole period would not assist rehabilitation, even where the applicant expresses a desire to rehabilitate and a psychologist recommends community-based treatment.
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