A sentencing judge cannot impose a life sentence for murder where the offence, standing alone, does not warrant that sentence, even where the offender has an extensive criminal history and has committed other serious offences. The upper boundary of a proportionate sentence is set by the objective circumstances of the offence, not by prior convictions. Section 21A(2)(g) of the Crimes (Sentencing Procedure) Act 1999 (NSW) is not limited to harm to the identified victim but extends to emotional harm and financial loss suffered by the victim's dependants.
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