When taking Form 1 offences into account under Division 3 of Part 3 of the Crimes (Sentencing Procedure) Act 1999, the sentencing court must adopt a 'bottom up' approach: sentencing only for the principal offence, with Form 1 offences impinging on personal deterrence and retribution. The court must not notionally determine sentences for Form 1 offences or apply a 'discount'. It will rarely be appropriate to quantify the effect of Form 1 offences on the sentence. The discretion under s 33(2)(b) to refuse to take Form 1 offences into account is broad and should not be confined by a list of prescribed situations.
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