A sentencing judge is entitled to take into account that the effects of earlier offending against the same victim have been exacerbated by continued harassment when considering a victim impact statement. The totality principle may be given effect by fixing a shorter non-parole period where an offender has served time in custody beyond the non-parole period for earlier offences. An agreed factual basis for sentencing cannot be challenged on appeal absent evidence of duress or other vitiating factor.
The full text is available to signed-in members, including the 5 later cases that cite this judgment.
3 of the 5 citing cases carry a classified treatment. How each court treated it is available to signed-in members.