The likelihood of reoffending under s 21A(3)(g) and prospects of rehabilitation under s 21A(3)(h) of the Crimes (Sentencing Procedure) Act 1999 (NSW) are separate and distinct considerations that must each be addressed by a sentencing judge where relevant. Uncharged acts of violence against a murder victim, proved beyond reasonable doubt, may be taken into account in assessing the objective seriousness of the murder offence. An offender aged 23 at the time of offending is not entitled to the application of principles governing the sentencing of young offenders where there is no evidence of immaturity contributing to the offence, the offence is one of considerable gravity, and the offender is substantially older than 18.
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