Where a sentencing judge finds special circumstances under s 44 of the Crimes (Sentencing Procedure) Act 1999 (NSW) but the aggregate non-parole period ratio barely departs from the statutory 75% (here, 73.3%), and there is no explanation for the modest adjustment, the strong inference is that the failure was due to inadvertence and the sentence will be set aside. Placing more serious offences on a Form 1 when the principal charges are lesser offences is a distortion of the Form 1 procedure and should be avoided.
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