Where a sentencing judge makes a finding of special circumstances under s 44(2) of the Crimes (Sentencing Procedure) Act 1999 (NSW) but the non-parole periods imposed are inconsistent with the judge's stated intention regarding the ratio of non-parole period to total sentence, the sentencing discretion will be found to have miscarried. The practical limit of 3 years upon parole supervision is an important factor in determining the appropriate parole period on resentencing.
The full text is available to signed-in members, including the 36 later cases that cite this judgment.
20 of the 36 citing cases carry a classified treatment. How each court treated it is available to signed-in members.