A finding of special circumstances under s 44(2) of the Crimes (Sentencing Procedure) Act 1999 (NSW) does not require the sentencing judge to vary the statutory ratio, and where the judge expressly states that the overall non-parole period ratio is intentional, the Court of Criminal Appeal will not interfere. The degree of accumulation and concurrence remains quintessentially a matter for the sentencing judge's discretion, and where offences are distinct criminal acts (even if part of the same criminal enterprise), significant accumulation may be warranted.
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