When sentencing for breach of an extended supervision order, the objective seriousness must be assessed by reference to the nature of the breach itself, not the seriousness of the index offences that gave rise to the ESO. Where breaches relate only to supervision-facilitating conditions (such as use of false names, undeclared devices, or social media) and do not give rise to an increased risk of the serious offending for which the ESO was imposed, the objective seriousness will ordinarily be well below mid-range. The mental health of the offender should be considered to ameliorate moral culpability and to lessen the weight of general deterrence, applying De La Rosa principles.
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