Page:The King v Hatahet.pdf/10

Gordon A-CJ Steward J Gleeson J

11 Secondly, if no other type of sentence is appropriate, the sentencing judge must determine the sentence of imprisonment "that is of a severity appropriate in all the circumstances of the offence". In making this determination, the judge must take into account, in addition to "any other matters" that bear upon that issue, a number of matters listed in s 16A(2) "as are relevant and known to the court". They include the nature and circumstances of the offence; the personal circumstances of any victim of the offence; the degree to which the offender has shown contrition; and if the offender has pleaded guilty. The respondent, for the purposes of this appeal, placed particular reliance upon the following matters itemised in s 16A(2):

""(j) the deterrent effect that any sentence or order under consideration may have on the person;

(ja) the deterrent effect that any sentence or order under consideration may have on other persons;

…

(m) the character, antecedents, age, means and physical or mental condition of the person;

…

(n) the prospect of rehabilitation of the person"."

12 Thirdly, and relevantly where the term of imprisonment exceeds three years, the judge must fix a single non-parole period in respect of that sentence, save in one instance. That one instance is where the court is satisfied that a non