A sentencing judge who determines the head sentence by starting with the standard non-parole period, converting it to a head sentence, and then making mathematical deductions for factors such as the degree to which the offence falls below midrange seriousness and the plea of guilty, commits an error of principle by using the standard non-parole period as a starting point rather than a reference point. For s 112(2) offences, a lengthy criminal record of violence, breach of court orders, and commission of the offence while on conditional liberty should be treated as an aggravating factor under s 21A(2)(d). A plea of guilty entered on the day of trial warrants a discount of no more than 10 per cent.
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.