Where Part 9A of the Penalties and Sentences Act 1992 has mandatory operation, the serious violent offender declaration is one of many competing factors in fixing a sentence within the appropriate range; it does not require sentencing at the lower end of the range, nor may a sentence be designed to avoid or reduce the effect of s 161B. Youth, lack of prior convictions, cooperation with authorities and early pleas of guilty remain significant mitigating factors even in cases of extreme violence. The applicants' involvement in Satanism was a relevant sentencing consideration for community protection, but their sexuality was not a relevant aggravating factor.
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