When assessing whether an offence falls in the middle of the range of objective seriousness for standard non-parole period purposes, the assessment is of the individual offence by reference to its own factual ingredients and immediately surrounding circumstances, not the broader context of multiple offences in the case. An offender's refusal to acknowledge guilt after conviction, and the consequent inability to participate in custody-based treatment programs affecting parole prospects, cannot operate as a mitigating factor in sentencing; the sentencer must assess sentence on the basis that guilt has been proved beyond reasonable doubt.
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