A Crown concession at sentencing that sentences should be structured to allow young offenders the benefit of juvenile detention under s 19 of the Children (Criminal Proceedings) Act 1987 (NSW) effectively constrains the sentencing range and will be given significant weight on a Crown appeal, even where the resulting sentences are at the lower end of the available range or manifestly inadequate. The factual basis upon which a plea to a lesser offence is accepted constrains the sentencing judge's findings and the objective gravity attributable to the offender. The Court left open the question whether s 19 orders are valid where non-parole periods extend beyond 18 years and 6 months without a finding of special circumstances under s 19(3)(a).
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