A sentence of approximately ten years imprisonment (reduced to nine for pre-sentence custody) with a serious violent offence declaration is within range for attempted murder involving a persistent knife attack without premeditation, particularly in the context of domestic violence and the trend since 2003 toward more severe sentences for violent offences. Where a sentence warranted by the seriousness of conduct is ten years or more but is reduced only to account for pre-sentence custody that cannot be declared under s 161, a serious violent offence declaration should ordinarily still be made. The sentence in R v Harms for attempted murder by premeditated shooting was questioned as too low.
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