Section 61(1) of the Crimes (Sentencing Procedure) Act 1999 requires a life sentence only where the combined effect of such of the four statutory indicia (retribution, punishment, community protection and deterrence) as are applicable leads to the conclusion that only a life sentence can meet the community interest — it is not necessary that all four indicia be present. The mental state of an offender, including depression falling short of a defence or excuse, is always of considerable relevance to the assessment of objective culpability and may reduce culpability below the threshold for a life sentence. In filicide cases, the general sentencing pattern in NSW has not included life sentences, and determinant sentences are appropriate where the offences were spontaneous and impulsive, unaccompanied by gratuitous cruelty, committed in a state of depression, and where the offender has favourable subjective circumstances.
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