A sentencing judge's reference to the totality of an offender's conduct between charged offences — including uncharged conduct that contextualises the charged offending — does not breach the De Simoni principle where the judge makes no finding of guilt for a more serious offence and the facts as found do not necessarily include the elements of that offence. There is no 'usual' non-parole period, and a non-parole period of approximately 80 per cent of the total effective sentence may be open in appropriate circumstances.
The full text is available to signed-in members, including the 13 later cases that cite this judgment.
3 of the 13 citing cases carry a classified treatment. How each court treated it is available to signed-in members.