The mere fact that an offence was committed in circumstances where the offender was likely to be detected and successfully prosecuted is not, of itself, a mitigating factor in sentencing. Characterising an offence as 'stupid' on the basis of the likelihood of apprehension does not reduce its objective seriousness. Threats to witnesses that actually interfere with the course of justice, even temporarily, cannot be assessed as falling towards the bottom of the range of objective seriousness for s 326(2) offences.
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