The Court imposed non-custodial sentences (two-year good behaviour orders with supervision and treatment conditions) for aggravated reckless threat to kill and aggravated common assault in a family violence context, finding that the offender's traumatic brain injury causing moderate cognitive disability and severe to extreme social participation disability materially reduced his moral culpability and moderated the roles of specific deterrence and denunciation. The Court held that the s 10 Crimes (Sentencing) Act 2005 (ACT) threshold for imprisonment was not crossed in these circumstances, notwithstanding the legislature's intention to treat family violence offences more seriously under s 48C of the Crimes Act 1900 (ACT). On the trespass charge, a conviction was recorded with no further penalty.
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