Tabbah [2019] NSWCCA 324

• Appeal against sentence allowed – Sentencing Judge erred in application of statutory aggravating factors – evidence of applicant’s institutionalisation accepted on re-sentence

[137] … The issue of the Applicant’s institutionalisation is also relevant to the special circumstances issue. The Court should take into account the need for a sufficient period of conditional and supervised liberty to assist the protection of the community, by maximising the prospect that the Applicant will not reoffend when the time comes for him to be released into the community. This approach does not involve the somewhat unrealistic suggestion that institutionalisation can be avoided in the Applicant’s case. Rather, it acknowledges the fact of institutionalisation and seeks to reduce the adverse consequences of that state of affairs: Jinnette v R [2012] NSWCCA 217 at [103].