Where a sentencing judge finds an offence does not fall within the middle range of objective seriousness, the judge must proceed to assess how far below the middle range the offence lies; a failure to do so constitutes error. A discount for assistance to authorities of more than 40% should very exceptionally, if at all, be granted where there is no evidence the offender will serve the sentence in more onerous conditions than the general prison population. A sentencing judge errs in finding an offender will serve a sentence in strict custody where the offender's own evidence is that he is not on protection.
The full text is available to signed-in members, including the 4 later cases that cite this judgment.
2 of the 4 citing cases carry a classified treatment. How each court treated it is available to signed-in members.