Hart v R [2014] NSWCCA 172

• Applicant’s institutionalisation a matter of considerable significance at sentence hearing – although sentencing judge was not bound to accept counsel submissions, he was bound to consider them: at [29].
• Sentencing Judge erred in declining to find special circumstances by not referring to unchallenged expert opinion that applicant was institutionalised – absence of any reference to institutionalisation indicates judge had no regard to it: at [30], [42]-[44].
• No lesser overall sentence warranted, but special circumstances established – significant positive signs that with longer period on parole, rehabilitation likely to be successful, as opposed to mere possibility: at [57], [59]

Nature and Impact of Incarceration – General