When an indictable offence is dealt with summarily, the 'worst case' principle operates by reference to the maximum penalty on indictment, not the reduced summary maximum; accordingly, the summary maximum need not be reserved for the worst type of the offence. Section 129(3) of the Justices Act (NT) removes the summary sentencing cap for all recidivists meeting the statutory precondition, including those dealt with under s.121A. Appellants contending that a sentence for a commonly charged offence is manifestly excessive should furnish information on the current tariff of comparable sentences.
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