After Muldrock, a sentencing judge is not required to classify the objective seriousness of an offence by reference to the hypothetical scale of offending covered by the section, and where such a finding is made, it may only be impugned if it was not reasonably open. The mere prevalence of a type of offence among first offenders does not justify limiting the leniency otherwise afforded for absence of prior convictions. Good character must be taken into account as a mitigating factor in fixing the sentence, not confined to the issue of rehabilitation.
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