Where an Aboriginal offender commits serious domestic violence shortly after release from imprisonment for similar offending, the recent prior offending reduces the leniency that personal circumstances of disadvantage might otherwise attract. Sentences for serious domestic violence must give significant weight to specific and general deterrence, and a failure to do so may render the sentence manifestly inadequate warranting Crown appeal. A starting point of 4 years for causing serious harm with intent involving repeated punching and kicking to the head causing traumatic brain injury was manifestly inadequate; 6.5 years was the appropriate starting point.
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