A sentencing judge's reference to a standard non-parole period in a case where Division 1A does not apply (offender under 18) does not constitute error where the reference is formulaic or used only to indicate Parliament's view of the seriousness of the offence category, rather than as a benchmark or guidepost. The five ways in which an offender's mental or intellectual condition may bear upon sentence, as summarised in De La Rosa, were applied. The protection of the community may operate as a countervailing consideration against mitigation for intellectual disability where the offender has a history of escalating dangerous conduct.
The full text is available to signed-in members, including the 2 later cases that cite this judgment.