1Where an offence's aggravated form already incorporates the family violence context (s 48C Crimes Act 1900 (ACT)), that context is reflected in the higher maximum penalty and is not given additional weight in assessing objective seriousness, to avoid double-counting. Related features such as the offending occurring in the victim's home remain relevant.
2A drug and alcohol treatment order under s 12A(2) of the Crimes (Sentencing) Act 2005 (ACT) requires satisfaction on the balance of probabilities that the offender's dependency substantially contributed to the offence. On the facts, evidence that the offender was intoxicated at the time was equivocal. Expert material also indicated that substance use exacerbates but does not cause domestic violence. That was a barrier to such an order.
3An offender's expressed lack of remorse and limited insight, while precluding mitigation, can legitimately inform the structure of a sentence. Here it supported an extended parole period directed to respectful-relationships, anger-management and rehabilitation programs.
