A finding of special circumstances under s 44 of the Crimes (Sentencing Procedure) Act 1999 (NSW) requires a meaningful, not merely nominal, reduction in the non-parole period. Where a co-offender's sentence has been varied by the CCA for an identified error, a differently constituted CCA would require a compelling reason not to acknowledge the same error in the applicant's identical sentence. A sentencing judge may infer the purpose for which drug material was retained from surrounding circumstances including the quantity, the nature of the operation, and the absence of any other identified purpose, even where the agreed facts do not expressly state that purpose.
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