A sentencing judge may refer to the full context of an offender's conduct, including an intention to commit suicide and 'take' a child, when sentencing for an offence of endangering life under s 39 of the Crimes Act 1900 (NSW), without infringing the De Simoni principle, provided the remarks on sentence as a whole demonstrate awareness that the sentence is for the offence charged and not a more serious offence. The only state of suspense or uncertainty relevant to mitigation for delay is that experienced after arrest or indication of likely prosecution, not uncertainty as to whether the offence will be detected.
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