Lack of motive is not relevant to the assessment of objective seriousness of an offence; it may only be considered in relation to community protection and rehabilitation prospects. The absence of specific aggravating factors does not prevent a sentencing judge from assessing an offence as mid-range objective seriousness. For offences under s 33(1)(a) of the Crimes Act 1900 (NSW), no planning is required to form the requisite intention to cause grievous bodily harm; the intention may arise spontaneously.
The full text is available to signed-in members, including the 2 later cases that cite this judgment.