In sentencing for detention for advantage under s 86(2)(a) of the Crimes Act 1900 (NSW), the length of the period of detention is a proper factor in assessing objective seriousness — a significantly longer detention involves greater culpability, all other things being equal. A sentencing judge is not required to consider special circumstances under s 44(2) of the Crimes (Sentencing Procedure) Act 1999 of his or her own motion where no submission is made on the point. The determination of objective seriousness is an evaluative conclusion, not a decision of fact or exercise of discretion.
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