The Ellis principle does not require quantification as a discount for federal offenders; it is a subjective factor to be taken into account. The proposition that the Ellis principle reduces the materiality of general deterrence (Adams J in Raad v R) is incorrect and should not be followed. When sentencing federal offenders, the three-step process from Douar v R (applicable to NSW State offenders) does not strictly apply, but the Commonwealth provisions in ss 17A and 20AB of the Crimes Act 1914 (Cth) serve the same function as the State imprisonment-as-last-resort provisions. Prior good character may be afforded diminished weight where it enabled the offender to occupy a position of trust that was subsequently abused, without constituting impermissible double counting.
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