Sentences for break enter and steal committed while on parole and bonds by an offender with an extensive record for like offences must reflect the enhanced seriousness identified in the Ponfield guideline judgment. A non-parole period of 36% of the total sentence (less than half the statutory minimum proportion of 75%) was held to be disproportionately short even where special circumstances existed. On Crown appeal, the court will exercise restraint and impose a sentence at the lower end of the appropriate range, but manifest inadequacy in both individual sentences and the total sentence will warrant intervention.
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