A sentencing judge dealing with a standard non-parole period offence is not required to describe in words a hypothetical abstract offence in the middle of the range of objective seriousness; the judge need only bear in mind that such an offence exists within the mid range. An error of process in failing to adequately specify where an offence falls on the scale of seriousness does not necessarily render the sentence manifestly excessive or inadequate. Where a conviction for a Table 1 offence results from a plea to a lesser offence on an indictment for a more serious charge triable only on indictment, the theoretical availability of summary disposal in the Local Court is irrelevant to sentencing.
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