A sentencing judge is not obliged to provide reasons for declining to find special circumstances under s 44(2B) of the Crimes (Sentencing Procedure) Act 1999 (NSW), provided the judge adverts to the matters raised as capable of constituting special circumstances. The mere presence of circumstances capable of constituting special circumstances does not compel a finding; the sentencing judge retains discretion. The rationale for finding special circumstances based on accumulation of sentences is inapplicable to aggregate sentences under s 53A.
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