A Crown appeal against sentence may be dismissed in the exercise of the residual discretion even where the sentence is found to be manifestly inadequate, where the offender is at a crossroads in life, has genuine rehabilitation prospects, and increasing the sentence could have a deleterious effect on rehabilitation. An aggregate sentence for drug supply offences and a separate assault offence committed in custody must sufficiently reflect the additional punishment required by the assault offence through appropriate accumulation. Drug use arising from childhood trauma and self-medication is not 'voluntary' in the ordinary sense and may be taken into account in sentencing notwithstanding s 21A(5AA) of the Crimes (Sentencing Procedure) Act 1999 (NSW).
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