Where a sentencing judge fails to take into account applicable standard non-parole periods, the appellate court must exercise the sentencing discretion afresh, but the appeal will be dismissed if no lesser sentence is warranted in law. The surrounding circumstances of an offence, including a course of grooming conduct that also constitutes a Form 1 offence, may properly be taken into account in assessing the objective seriousness of each offence on the indictment without constituting impermissible double counting. Under s 21A(5A) of the Crimes (Sentencing Procedure) Act 1999 (NSW), good character and lack of previous convictions cannot be taken into account as mitigating factors where those matters assisted the offender in committing child sexual offences.
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