Sentences for multiple offences must be differentiated according to the objective seriousness of each offence; imposing uniform sentences for offences of markedly different gravity constitutes manifest excess.
Higgins CJ, North JJ, Nield AJ
Where the ACT legislature has provided that theft of property valued at $1,000 or less may be charged as a summary offence with a six-month maximum, a sentence exceeding six months for such a minor theft prosecuted on indictment would require rare and exceptional circumstances. Sentencing judges must differentiate between offences of varying objective seriousness and should give appropriate weight to significant gaps in an offender's criminal record.
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Judicial Consideration (Chronological)