A sentencing judge who makes a finding of special circumstances under s 44(2B) of the Crimes (Sentencing Procedure) Act 1999 (NSW) is not required to record reasons for not finding special circumstances on additional grounds suggested by the parties. The fact that it is an offender's first time in custody does not necessarily provide a basis for a finding of special circumstances. The degree of adjustment to the statutory ratio following a finding of special circumstances remains a matter for the sentencing judge's discretion, and a modest reduction is not of itself indicative of error.
The full text is available to signed-in members.