A sentencing judge must assess the objective seriousness of the offence before deferring sentence under s 11 of the Crimes (Sentencing Procedure) Act 1999 (NSW). A deferral will be manifestly inadequate where a full-time custodial sentence is ordinarily required for the offence category and there is already sufficient evidence of the offender's rehabilitation. The R v Henry guideline requiring exceptional circumstances for a non-custodial sentence for armed robbery applies equally to robbery with wounding under s 96 of the Crimes Act 1900 (NSW).
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