Where a sentencing judge imposes identical indicative sentences for counts involving essentially the same offending, and Form 1 offences are attached to only one count, this is sufficient to establish that the judge failed to comply with the legislative requirement to take Form 1 offences into account with regard to a specific offence. Upon finding specific error, the appellate court exercises the sentencing discretion afresh — the applicant does not bear an onus of demonstrating that a lesser sentence is warranted. COVID-19 pandemic conditions of incarceration (physical isolation from family) are a relevant sentencing consideration.
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