Where a sentencing judge is misinformed about the maximum penalty for an offence and imposes an indicative sentence exceeding the true maximum, this constitutes error requiring re-sentencing even if the aggregate sentence may not have been greatly affected. Where childhood deprivation has led to substance abuse contributing to psychological conditions, courts must avoid double counting the deprivation and the mental condition. Partial accumulation of sentences that increases the effective non-parole period ratio beyond what the sentencing judge determined constitutes a special circumstance, and it will be assumed the judge intended the determined ratio to be reflected in the overall sentence unless expressly stated otherwise.
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