Where a sentencing judge makes a finding of special circumstances under s 44(2B) of the Crimes (Sentencing Procedure) Act 1999 (NSW) but makes only a very modest adjustment to the non-parole period (here, 3 months on a 15-year sentence), the failure to explain why the adjustment is so small may constitute error through inadvertence or miscalculation. However, on resentencing, the appellate court may conclude that no lesser sentence is warranted in law, resulting in dismissal of the appeal despite the error.
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