When sentencing for aggravated break, enter and commit serious indictable offence under s 112(2) of the Crimes Act 1900 (NSW), the assessment of objective gravity must be made by reference to all the facts and circumstances, not by reference to hypothetical scales of seriousness of either the circumstances of aggravation or the type of sexual intercourse. Sentencing statistics for s 112(2) offences have substantial limitations given the variety of ways the offence can be committed and the lack of identification of the type of serious indictable offence in the statistics.
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