A total effective sentence of 7 years 3 months for a course of domestic violence offending culminating in aggravated burglary with a claw hammer, where no physical injury was inflicted and the offender had significant mental health issues, was outside the permissible range. The Court resentenced to 5 years 9 months with a non-parole period of 3 years 9 months. A sentencing judge's misapprehension of the factual basis of a charge (here, that the offender held a hammer to the victim's head rather than merely holding it while making threats) may contribute to a sentence outside the permissible range.
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