Antecedent criminal history, parole status, statutory maximum penalty, and prevalence of the offence category are not relevant to the assessment of objective seriousness under s 54B. The s 44(2) special circumstances exception applies to Table offences. A finding of 'some' (as distinct from 'good') prospects of rehabilitation may ground a finding of special circumstances. The assessment of objective seriousness is akin to an exercise of discretion reviewable only on House v The King principles. Where the Crown's concession at sentencing contributed to the sentencing outcome, it is more difficult for the Crown to seek appellate correction.
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