The case confirms that serving less than 18 months of a 9-year sentence does not constitute a substantial part of the sentence for the purposes of the special or exceptional circumstances test. Previous compliance with bail conditions and a trial judge's refusal of a Crown detention application are relevant only to the unacceptable risk test, not to the threshold special or exceptional circumstances requirement. Limitations on legal resources in prison must be demonstrated to be so restricted as to amount to a special or exceptional circumstance.
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