Judicial Commission statistics are not a mandatory consideration in sentencing; failure to have regard to them does not in itself amount to sentencing error. Following Muldrock, there is no requirement to assess whether an offence falls within the mid-range of objective seriousness, but assessment of objective criminality remains important. A sentencing judge's findings on rehabilitation prospects, remorse, and the causal nexus between childhood abuse and offending are discretionary findings that will only be disturbed on House v The King error.
The full text is available to signed-in members, including the 4 later cases that cite this judgment.
1 of the 4 citing cases carry a classified treatment. How each court treated it is available to signed-in members.