The R v Henry guideline for armed robbery under s 97(1) of the Crimes Act 1900 (NSW) is not a tool for assessing the objective seriousness of the offence and must not be used as a starting point for sentencing. The features identified in the guideline include both objective and subjective matters, and comparing a case against those features is an assessment of comparative seriousness, not objective seriousness. Sentencing remarks, particularly extempore ones, must be read fairly as a whole, and the sequence of matters discussed does not necessarily reflect the sequence of the judge's reasoning process.
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