A sentencing judge who makes a finding of special circumstances must give effect to that finding by adjusting the statutory ratio between the non-parole period and the total term of imprisonment; failure to do so constitutes error requiring resentencing. On resentencing, the Court may take into account assistance provided to law enforcement authorities under s 23 of the Crimes (Sentencing Procedure) Act 1999 even where that assistance was provided after the original sentencing.
The full text is available to signed-in members.