The principles in Hogarth v The Queen — that current sentencing practices for confrontational aggravated burglary are too low and that sentencing judges are not constrained by those practices — apply to all serious forms of aggravated burglary, including intimate relationship aggravated burglary involving former domestic partners. There can only ever be very modest mitigation of moral culpability when depression is said to have impaired the offender's capacity to think clearly, and a 'real connection' between the mental condition and the offending is required before the attribution of moral responsibility is appropriately lessened. General deterrence is a sentencing principle of great importance in cases of violent offending against former domestic partners.
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