Where a sentencing judge finds special circumstances under s 44(2) of the Crimes (Sentencing Procedure) Act 1999 (NSW) based on factors beyond the accumulation of sentences (such as need for extended rehabilitation, first time in custody, and young age), the total effective non-parole period must reflect some adjustment beyond the statutory 75% ratio; maintaining the statutory ratio in such circumstances constitutes a miscarriage of the sentencing discretion. The assessment of objective seriousness is reviewable only on House v The King principles, and the Mulato approach to this question is confirmed as the law in New South Wales.
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