The degree of adjustment to the statutory ratio of non-parole period to balance of term upon a finding of special circumstances under s 44(2) of the Crimes (Sentencing Procedure) Act 1999 (NSW) remains a matter for the sentencing judge's discretion, and a relatively modest adjustment (from 75% to 70% of total sentence) may be sufficient to give effect to such a finding. A sentence found by a court of criminal appeal to be manifestly inadequate cannot be relied upon as a comparable sentence in subsequent proceedings.
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