A sentencing judge's suggestion that an offender has had time to 'overcome' a deprived background, resulting in only 'some mitigation', is inconsistent with Bugmy v The Queen and constitutes sentencing error. The effects of profound childhood deprivation do not diminish with the passage of time and repeated offending, and full weight must be given to such a background in every sentencing decision. Separately, an element of the offence (here, the presence of a person in the dwelling) should not be treated as an additional aggravating factor.
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