Mitigating factors commonly relied upon in sentencing — including low moral culpability, youth, remorse, lack of prior convictions, and low objective gravity — even taken cumulatively, are insufficient to satisfy the 'substantial and compelling circumstances that are exceptional and rare' test under s 10A(2)(e) of the Sentencing Act 1991 (Vic) for departure from the statutory minimum 6-month imprisonment for recklessly causing injury to an emergency worker on duty. The question whether aspects of a guilty plea other than its timing survive the prohibition in s 10A(2B)(c)(ii) remains unresolved.
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