A finding of special circumstances under s 44(2B) of the Crimes (Sentencing Procedure) Act 1999 (NSW) operates by reducing the non-parole period, not by increasing the overall sentence. A sentencing judge's statement that they will 'increase the additional term' will not be treated as error where it is clear from context that the judge intended a longer additional term as a consequence of reducing the non-parole period. Form 1 offences must not be taken into account in assessing the objective seriousness of the primary offence but may only be reflected in the additional need for personal deterrence and retribution.
The full text is available to signed-in members, including the 1 later case that cites this judgment.