A sentencing court is not required to assess what sentence would have been appropriate for Form 1 offences had they been dealt with in the Local Court; to do so would be to engage in the process disapproved in the guideline judgment. A finding of special circumstances under s 44 of the Crimes (Sentencing Procedure) Act 1999 is a discretionary finding of fact, and a sentencing judge is not in error for failing to make such a finding when not asked to do so.
The full text is available to signed-in members, including the 9 later cases that cite this judgment.
5 of the 9 citing cases carry a classified treatment. How each court treated it is available to signed-in members.