A finding of special circumstances remains a discretionary finding of fact in respect of which the CCA will be slow to intervene. The correct approach to fixing a non-parole period is to determine the minimum period of incarceration having regard to all elements of punishment, not primarily from the perspective of the length of the supervision period on parole. A sentencing judge is entitled to find special circumstances if satisfied merely that the offender has prospects of rehabilitation and that those prospects would be assisted by a longer parole period, but is not obliged to vary the statutory proportion simply because matters capable of constituting special circumstances exist.
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