When re-sentencing under s 6(3) of the Criminal Appeal Act 1912, the comparison of whether a sentence is 'more or less severe' extends to commencement dates and is not confined to sentence length. Where the Court concludes a greater sentence is warranted, it is not obliged to specify the sentence but should only do so if particular circumstances warrant it. Form 1 offences cannot be used to elevate the objective seriousness of an offence carrying a standard non-parole period; they are relevant only to personal deterrence and retribution. The subject offences for which an offender is being sentenced cannot constitute 'antecedent criminal history' for the purposes of Veen (No 2).
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