A sentencing judge must consider both the nature of the crime and the circumstances of the offender when determining whether an offence falls within the 'worst category' warranting the maximum penalty. Basing the 'worst category' characterisation solely on the nature of the crime, treating mitigating factors as relevant only after that characterisation, constitutes an error of approach. Comparable cases, while not controlling, are a legitimate and relevant factor in assessing whether offending falls within the 'worst category'.
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