Section 34B of the Crimes (Sentencing) Act 2005 (ACT) permits a sentencing court to consider the family violence context — including exploitation of power imbalances and patterns of abuse — as a factor elevating the objective seriousness of offences, consistently with R v UG. Prior controlling and violent conduct in a domestic relationship is properly considered as part of the 'nature and circumstances of the offence' under s 33(1)(a), not as impermissible double punishment. A 'worst category' characterisation confined to objective seriousness assessment does not engage the Kilic caution against such characterisation where the maximum penalty is not imposed. Factual errors in backdating sentences for pre-sentence custody can be corrected without a full resentence where the error does not affect the exercise of the sentencing discretion.
The full text is available to signed-in members, including the 3 later cases that cite this judgment.
1 of the 3 citing cases carry a classified treatment. How each court treated it is available to signed-in members.