The law does not require a formulaic approach to the totality principle; a sentencing judge who is aware of the components to be considered and fashions the sentence accordingly does not err merely because the effective minimum term exceeds the statutory ratio when a balance of parole period is notionally included. A finding of special circumstances remains generous where the effective minimum term is approximately 57.7% of the total period in custody. Comparison with a single sentencing decision does not support a manifest excess ground.
The full text is available to signed-in members, including the 2 later cases that cite this judgment.