An offender's willingness to participate in community-based treatment programs does not, without more, constitute special circumstances under s 44 of the Crimes (Sentencing Procedure) Act 1999 (NSW). Where a sentencing judge finds special circumstances and adjusts the statutory ratio in individual sentences, but the finding is not reflected in the total effective sentence after partial accumulation, this constitutes sentencing error. However, the CCA may decline to intervene under s 6(3) of the Criminal Appeal Act 1912 (NSW) if it independently concludes that no finding of special circumstances is warranted.
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