Where a sentencing judge makes an express finding of special circumstances under s 44(2B) of the Crimes (Sentencing Procedure) Act 1999 (NSW) but fails to adjust the non-parole period below the default 75% statutory ratio, this constitutes an arithmetical error that the CCA can correct by varying the ratio without re-exercising the sentencing discretion afresh. First time in custody combined with identified rehabilitation needs (such as alcohol abstinence and psychological investigation) can support a finding of special circumstances, though first time in custody alone remains a dubious basis for such a finding.
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