An erroneous factual finding by a sentencing judge does not necessarily vitiate the assessment of objective seriousness where the finding was only one of many considerations taken into account. A finding of special circumstances under s 44 of the Crimes (Sentencing Procedure) Act 1999 (NSW) is a discretionary finding of fact in respect of which the CCA will be slow to intervene. Bare assertions of manifest excess without supporting statistics or comparative cases are unlikely to succeed.
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