Where an offender is sentenced for offences committed around the same time as other offences for which sentences have already been served and expired, the sentencing judge must still address the Mill v The Queen question of what the likely head sentence would have been if all offences were sentenced together, though there is a degree of artificiality in the exercise. Delay between offending and sentencing that is attributable to the offender's own conduct (including intimidation of the victim) is of reduced significance as a mitigating factor. A sentencing judge must give reasons for determinations on mitigating factors squarely raised by evidence and submissions, including remorse, rehabilitation prospects, and likelihood of reoffending.
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