Indicative sentences specified under s 53A of the Crimes (Sentencing Procedure) Act 1999 (NSW) are not themselves appealable as 'sentences'; an appeal must be against the aggregate sentence. However, if individual indicative sentences are excessive, this may support a contention that the aggregate sentence is manifestly excessive. A sentencing judge is not bound to accept uncontested psychiatric evidence on rehabilitation prospects but must weigh it with all other evidence including the offender's criminal history.
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