The one-third reduction of the non-parole period for a guilty plea remains a starting point, not a rule, and may be departed from where the offender has an extensive criminal history of violence, poor custodial behaviour, and persistent serious offending. Poor behaviour in custody is a factor against, not in favour of, providing certainty of a release date. A head sentence of three and a half years for two counts of choking in a domestic setting involving repeated loss of consciousness, combined with other concurrent offending, was within the sentencing discretion.
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