A sentencing judge cannot use an offender's failure to explain their offending to elevate the assessed seriousness of the offence. For s 400.9(1) Criminal Code (Cth) offences involving approximately $194,000, with an early guilty plea, good character, and good rehabilitation prospects, a sentence of 21 months' imprisonment (9 months before release) was manifestly excessive; 10 months' imprisonment (4 months before release) was substituted.
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