A finding of 'substantial emotional harm' under s 21A(2)(g) of the Crimes (Sentencing Procedure) Act 1999 requires evidence specifically directed to that issue, normally in the form of a victim impact statement; a sentencing judge cannot infer substantial emotional harm merely from the nature of the offence. A voluntary surrender to police when not under suspicion warrants a substantial sentencing discount, but even a 60% total discount (25% for plea plus 35% for surrender) may still result in full-time custody for serious robbery offences.
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