A sentence for causing grievous bodily harm with intent (s 33(1)(b) Crimes Act 1900) that is substantially below the standard non-parole period of 7 years will be manifestly inadequate where the offending is gratuitous and vicious, the offender has a history of similar violent offending, was on parole at the time, and the sole mitigating factor is youth. A finding of special circumstances requires significant positive signs that rehabilitation is likely to be successful, not merely a possibility; 'some capacity for rehabilitation' is insufficient.
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