A sentence at the upper end of the range for entering a dwelling with intent to commit intimidation (s 111(2) Crimes Act 1900) will not be disturbed on appeal where the sentencing judge has properly considered the offender's severe psychiatric condition (schizophrenia), even where the offence falls at the lower end of objective seriousness for the section. Sentencing statistics and comparison with other cases will rarely, without more, justify a finding of manifest excess.
The full text is available to signed-in members, including the 1 later case that cites this judgment.