The Court confirmed that the question of special circumstances under s 44 of the Crimes (Sentencing Procedure) Act 1999 (NSW) is one for the sentencing judge with whose judgment the Court of Criminal Appeal should be slow to intervene absent manifest error, and that this applies both to the extent of any adjustment and to the finding of special circumstances in the first place. The case also illustrates the application of manifest excess principles where a legislative amendment has recently reduced the threshold quantity for a drug offence, demonstrating that the sentencing judge may take into account the recent change in threshold as part of the overall sentencing exercise.
The full text is available to signed-in members, including the 1 later case that cites this judgment.