A sentencing judge's reference to s 21A(2)(d) aggravation in the sequence of considering objective seriousness does not, without more, establish that the criminal record was impermissibly used to assess objective seriousness, particularly in an oral judgment delivered under time pressure. Where special circumstances are found to be extremely slight, a non-parole period ratio of approximately 73% (compared to the statutory 75%) is not erroneous. General deterrence is of particular importance in sentencing for very serious violence within a prison.
The full text is available to signed-in members, including the 3 later cases that cite this judgment.
2 of the 3 citing cases carry a classified treatment. How each court treated it is available to signed-in members.