The Court sentenced a domestic violence offender with diagnosed autism spectrum disorder (Level 1) to an aggregate sentence of 3 years imprisonment served by way of Intensive Correction Order, together with Community Corrections Orders for lesser charges, finding a clear causal connection between the offender's ASD and the offending that materially reduced moral culpability and diminished (but did not eliminate) the weight of general deterrence and denunciation. The Court held that the fact offending constitutes domestic violence does not of itself increase the objective seriousness of individual offences, and that an ongoing course of conduct does not make individual matters more objectively serious (distinguishing Commonwealth sentencing under s 16A(2)(c) Crimes Act 1914). The Court also held that a 15% utilitarian discount was appropriate for pleas to s 166 Certificate matters where the offender had no earlier opportunity to plead, and rejected Crown submissions that substantial harm to the victim could be inferred from courtroom observations absent a victim impact statement or other evidence.
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