Aboriginal heritage of itself is not a mitigating circumstance in sentencing. The Fernando principles require evidence of entrenched systemic disadvantage of a significant degree that helps explain the particular offence and the individual circumstances of the offender; a general history of disadvantage shared by many persons across a wide range of backgrounds is insufficient. When assessing whether a sentence is manifestly excessive, the court must consider the true effect of combined sentencing orders under the totality principle, including the effective non-parole period after accounting for concurrent sentences.
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