When determining whether an uncharged offence is 'more serious' for the purposes of the De Simoni principle, the existence of a standard non-parole period for the uncharged offence (where the charged offence has none) is a relevant indicator of greater seriousness, even where both offences carry the same maximum penalty. Additionally, moral culpability is relevant: an intention to kill is more serious than an intention to endanger life. Sentencing judges should expressly identify the elements of the charged offence to avoid inadvertently taking into account elements of uncharged, more serious offences.
The full text is available to signed-in members, including the 11 later cases that cite this judgment.
4 of the 11 citing cases carry a classified treatment. How each court treated it is available to signed-in members.