On resentencing following remittal by the Court of Appeal (which quashed the original sentences due to a psychological report not being before the sentencing judge), Mossop J imposed an aggregate sentence of 9 years and 3 months' imprisonment with a non-parole period of 5 years and 6 months — a reduction of 10 months on the head sentence and 12 months on the non-parole period compared to the original sentence. The reduction reflected additional evidence of the offender's dysfunctional upbringing, positive conduct in custody over 19 months, and improved prospects of rehabilitation, while maintaining the same starting points for each offence. The Court departed from the default cumulation rule for offences committed in custody under s 72 of the Crimes (Sentencing) Act 2005 (ACT) to avoid a crushing sentence, while still imposing 36 months attributable solely to family violence order contraventions committed from custody.
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