A head sentence of 6 years (starting point of 8 years before plea discount) for an offence under s 112(2) of the Crimes Act 1900 involving break and enter with assault occasioning actual bodily harm was manifestly excessive where the offender was 20 years old, had no prior violence offences, was intoxicated, had good rehabilitation prospects, and was not the principal offender. The appropriate starting sentence in such circumstances was 6½ years. The case also confirms that a sentencing judge may reject an offender's sworn evidence and sentence on the basis of a tendered statement of facts.
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