The availability of summary disposition for an offence dealt with on indictment is a factor that 'can, rather than should' be taken into account in mitigation, and its significance varies from case to case. Where the criminality warrants a sentence beyond Local Court jurisdiction, the factor may have no application. Alternative particulars of a charged offence that are found proved beyond reasonable doubt are not 'uncharged acts' and may be taken into account as surrounding circumstances bearing on the seriousness of the offence. An aggregate sentence may be upheld even where the indicative sentences for individual counts appear excessive, provided the aggregate itself is not manifestly excessive.
The full text is available to signed-in members, including the 30 later cases that cite this judgment.
16 of the 30 citing cases carry a classified treatment. How each court treated it is available to signed-in members.