A sentence with an undiscounted starting point of 96% of the maximum penalty may be manifestly excessive where the sentencing judge has made favourable subjective findings (cultural isolation, rehabilitation, prior good character, cessation of drug use) that are not reflected in the sentence imposed, even for offending at the top of the range of objective gravity. Sentencing courts are not bound by agreed statements of facts and may have regard to additional material properly before the court. An offence committed in breach of an ADVO and the offence of breaching the ADVO involve distinct criminality warranting partial accumulation of sentences.
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