A finding of special circumstances under s 44(2) of the Crimes (Sentencing Procedure) Act 1999 (NSW) does not require that the overall non-parole period ratio after accumulation of multiple sentences be less than 75%; the adjustment may be modest where the sentencing judge deliberately structures the sentence to reflect the totality of criminality. Where the complaint is that accumulation has neutralised a finding of special circumstances, a specific ground of appeal directed to that error is preferable to reliance solely on manifest excess.
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