Sentencing courts must substantively engage with the Fernando principles when sentencing Aboriginal offenders, rather than merely reciting them as a mantra. The absence of contrition following a jury conviction does not positively cancel out other subjective factors favourable to the offender, though it may properly be taken into account. A ram raid offence involving theft of property exceeding $15,000 is objectively serious as an offence against both private property and public order.
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