A sentencing judge's failure to take into account a period of interstate custody when considering totality constitutes error requiring re-exercise of the sentencing discretion, even where the custody was for offending wholly unrelated to the offences being sentenced. Post-offence absconding and further offending, while not relevant to the objective gravity of the offences, are properly taken into account as relevant to specific deterrence, prospects of rehabilitation and likelihood of reoffending. For recalcitrant domestic violence offenders with extensive histories of violence against intimate partners, retribution, deterrence and protection of society may warrant declining to set a non-parole period under s 45 of the Crimes (Sentencing Procedure) Act 1999 (NSW).
The full text is available to signed-in members.