The aggravating factor in s 21A(2)(eb) of the Crimes (Sentencing Procedure) Act 1999 (NSW) — that the offence was committed in the victim's home — applies to break and enter offences under s 112(2) of the Crimes Act 1900 (NSW), because the element of breaking and entering does not require that the premises be the home of the victim. When sentencing a mentally ill offender, the reduced significance of general and personal deterrence must be balanced against the need to protect the public, and the degree of reduction depends on the circumstances of each case, including the offender's history of violence predating mental illness and capacity for rational action.
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