For specially aggravated break, enter and commit serious indictable offence (s 112(3) Crimes Act 1900) in a domestic violence context involving a young offender with mental health and substance abuse issues, a head sentence after trial of 11 years (discounted to 8 years) was manifestly excessive. A head sentence of approximately 7 years 4 months before discount (5 years 6 months after 25% discount) was appropriate. A sentencing judge is not required to expressly articulate rejection of a submission that mental health reduces moral culpability where the remarks on sentence demonstrate awareness of the relevant conditions.
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