A finding of special circumstances under s 44(2) of the Crimes (Sentencing Procedure) Act 1999 (NSW) does not require that the total effective ratio across accumulated sentences be reduced below 75%, provided the sentencing judge expressly turned their mind to the effect of accumulation. Where the sentencing judge identifies accumulation as a basis for the finding of special circumstances and the total effective ratio is close to 75%, the Court will infer the result was intended. The commencement date of a sentence for violent offences committed in custody is a matter of discretion, and the importance of general deterrence and maintaining discipline in the custodial environment supports commencing the sentence at the expiration of the existing head sentence.
The full text is available to signed-in members, including the 5 later cases that cite this judgment.
3 of the 5 citing cases carry a classified treatment. How each court treated it is available to signed-in members.