Where a juvenile offender has prior convictions for similar offences and has received counselling about the relevant legal boundaries, the weight to be given to youth and immaturity on sentence may be substantially reduced, though not eliminated. The standard non-parole period must be entirely disregarded for offenders under 18 at the time of the offence, and even an oblique reference to it as a 'guide' constitutes error. The Fernando principles for Aboriginal offenders are not limited to those from remote communities. Self-induced intoxication, while excluded at trial for sexual assault offences under s.61HA(3)(e), remains relevant on sentence to assess moral culpability.
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