An infelicitous reference to a more serious offence in sentencing remarks does not breach the De Simoni principle where the remarks, read in context, show the judge was sentencing for the charged offence. Sentencing statistics are a guide to the range imposed but do not define the range available to a sentencing judge, which is defined by the maximum sentence and the gravity of the offence. Persons at or near public transport are particularly vulnerable and courts must be vigilant in protecting them from group attacks.
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