The Bugmy principle recognising the lifelong consequences of a deprived upbringing can operate in two directions in family violence cases: as a mitigating factor but also as indicating the need for protection of the victim and others from future offending. A 15% guilty plea discount applies where the plea is entered three weeks before trial after a Criminal Case Conference, but s 35(4) of the Crimes (Sentencing) Act 2005 (ACT) limits the discount to 5-10% where the case is overwhelming. Departure from the default cumulation rule under s 72 for offences committed in custody may be warranted to avoid a crushing sentence.
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