Research Monograph 7

This paper examines the imposition of custodial sentences under the Sentencing Act 1989 with particular focus on the use of minimum and additional terms. A finding of "special circumstances" is required where an additional term exceeds one third of the minimum term. It also looks at the way in which the Court of Criminal Appeal has given guidance on the meaning and use of "special circumstances".

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Published by the Judicial Commission of New South Wales