A sentencing judge is not required to provide a refined distinction between the objective seriousness of individual offences where the common aggravating features render each offence of significant seriousness regardless of variations in the physical acts. A six-month reduction in the non-parole period can constitute adequate effect being given to a finding of special circumstances, particularly where the resulting parole period equals the maximum supervisory period. Scales v R [2017] NSWCCA 293 contains contradictory reasoning that disqualifies it as a useful sentencing comparator for s 61M(2) offences.
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