Where a sentencing judge makes a finding of special circumstances under s 44(2) of the Crimes (Sentencing Procedure) Act 1999 (NSW) but imposes a sentence maintaining the standard statutory ratio without giving reasons for not varying the ratio, the failure constitutes sentencing error through inadvertence — a failure to take into account a material consideration in House v The King terms. Specific deterrence considerations may justify not varying the statutory ratio despite a special circumstances finding, but this must be articulated by the sentencing judge.
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