Where the Crown concedes on review of an indefinite sentence under s 72 of the Sentencing Act (NT) that it cannot satisfy the Court to a high degree of probability that the offender remains a serious danger to the community, the Court must discharge the indefinite sentence under s 74(1)(a) and re-sentence for the underlying offence under s 74(1)(b). The re-sentence is not limited to the nominal sentence and may be substantially longer, reflecting the full gravity of the offence and the offender's criminal history. A guilty plea that amounts to an acceptance of the inevitable rather than genuine remorse warrants only a modest discount of 10-15%.
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