There is no norm that recognizance release dates for Commonwealth offences should be set at 60-66% of the head sentence; the statement to that effect in R v CAK & CAL was based on a false premise. Sentencing courts must exercise their discretion under s 16A of the Crimes Act 1914 (Cth) by reference to all relevant circumstances and must not mechanically apply a pre-determined formula for fixing recognizance release dates. Where an offender suffers from mental disorder or psychiatric impairment, general deterrence should often be given less weight, and the mental condition may also be relevant to culpability and rehabilitation.
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