Guideline judgments are now formally recognised in NSW as a mechanism for structuring sentencing discretion. For offences under s 52A of the Crimes Act 1900 (NSW), a non-custodial sentence should be exceptional and almost invariably confined to momentary inattention or misjudgment; where any aggravating factor involving the offender's conduct is present to a material degree, a custodial sentence of less than 3 years (death) or 2 years (GBH) should be exceptional. Home detention is substantially less onerous than full-time imprisonment and the Court of Criminal Appeal has jurisdiction to review both the term of imprisonment and the home detention order. Sentencing judges must determine the appropriate sentence of imprisonment before considering whether to refer for home detention assessment.
The full text is available to signed-in members, including the 287 later cases that cite this judgment.
90 of the 287 citing cases carry a classified treatment. How each court treated it is available to signed-in members.