Where co-offenders receive the same head sentence but different non-parole periods solely because one offender's clean pre-offence history (no drug, alcohol or gambling problems) means no special circumstances are found while co-offenders' substance abuse problems constitute special circumstances, a justifiable sense of grievance arises. The need to preserve proper parity with co-offenders may itself constitute special circumstances justifying a reduction in the non-parole period under s 44(2) of the Crimes (Sentencing Procedure) Act 1999 (NSW).
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