The case confirms that vigilante conduct motivated by revenge for an alleged sexual assault, while relevant to subjective circumstances, does not reduce the objective seriousness of a detention offence under s 86(3) of the Crimes Act 1900 to the point where a suspended sentence is required. The two-step sentencing process from Zamagias (first determine whether imprisonment is appropriate, then determine the term without regard to how it will be served, then consider alternatives to full-time custody) was applied. The relevance of motive as a mitigating factor is limited where the offence is serious, following Mitchell and Gallagher.
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