A sentencing judge's awareness of an offender's age does not, without more, constitute proper consideration of the well-established principles regarding youth and immaturity in sentencing. The sentencing remarks must demonstrate engagement with those principles, particularly in relation to the modification of general deterrence and the s 5(1) threshold. The s 5(1) threshold must be considered separately for each offence and the criminality of separate offences must not be conflated in that assessment. ICOs cannot be backdated under s 71(1) of the Crimes (Sentencing Procedure) Act 1999 (NSW), but time served under an ICO can be taken into account by reducing the length of the resentenced term.
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