The principles in R v Fernando, while not confined to Aboriginal offenders, require the sentencing judge to have regard to the offender's family and social dynamics insofar as they played a part in the offending; where the sentencing judge has done so, no error is demonstrated merely because the applicant contends insufficient weight was given to those factors. Sentencing statistics for manslaughter provide little assistance given the enormous variation in circumstances and criminality. A 15% discount for pleas of guilty offered just prior to trial but not accepted by the Crown falls within the available discretionary range.
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