A sentence below the generally accepted range for attempted murder (10-17 years) is not manifestly inadequate where the case involves exceptional mitigating circumstances outside the usual run of cases. The serious violent offender regime (80% minimum service for sentences of 10 years or more) is a relevant consideration that may justify a sentencing judge imposing a head sentence below the general range to achieve a just result. The sentencing range is informational only and does not constrain the sentencing discretion where the assumptions underlying the range do not apply to the case at hand.
The full text is available to signed-in members, including the 14 later cases that cite this judgment.
7 of the 14 citing cases carry a classified treatment. How each court treated it is available to signed-in members.