Where a sentencing judge finds special circumstances based on an offender's need for drug rehabilitation, the total effective sentence must reflect that finding through a meaningful adjustment to the statutory non-parole period ratio; a marginal adjustment of 5% from the statutory ratio of 75% is insufficient where the medical evidence strongly indicates a real and pressing need for rehabilitation. The question whether Kentwell v The Queen requires a complete re-exercise of the sentencing discretion where the error affects only a discrete component of the sentence (such as the non-parole period) was raised but left open.
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