A sentencing judge who assesses an offence as falling within the mid-range of objective seriousness but departs from the standard non-parole period must clearly identify the relevant factors, the weight given to them, and their role in the structuring of the sentence; a mere rolled-up summary of factors does not comply with s 54B(4). However, failure to comply with s 54B(4) does not necessarily result in the sentence being set aside on Crown appeal if the sentence remains within the available range. The assessment of whether an offence falls within the mid-range is a discretionary matter for the sentencing judge that will not lightly be disturbed on appeal.
The full text is available to signed-in members, including the 9 later cases that cite this judgment.
3 of the 9 citing cases carry a classified treatment. How each court treated it is available to signed-in members.