The R v Twala requirement that it must be possible to postulate the absence of facts mitigating the seriousness of the crime in order to categorise a case as worst case was held by Hulme J to be irreconcilable with Veen v The Queen (No 2), though Giles JA did not see a conflict. An intent to inflict grievous bodily harm rather than to kill does not preclude categorisation of a murder as falling within the worst case category under s 61(1) of the Crimes (Sentencing Procedure) Act 1999 (NSW). 'Community protection' in s 61(1) is not limited to the future dangerousness of the particular offender but encompasses broader community protection including through deterrence.
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