An offender charged under s 95 of the Crimes Act 1900 (NSW) (assault and robbery) cannot be sentenced on the basis that grievous bodily harm was inflicted, as that is the province of s 96. Where an offender's account of mitigating circumstances is not contradicted by evidence, the sentencing judge cannot reject it unless satisfied beyond reasonable doubt to the contrary. Time spent in a residential rehabilitation centre as a bail condition should be reflected in the sentence.
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