Form 1 offences increase the sentence for the primary offence by giving greater weight to personal deterrence (reflecting the course of conduct) and retribution (reflecting unpunished offending), subject to the statutory maximum for the primary offence and the totality principle. Form 1 offences are not equivalent to prior convictions because they have not been the subject of any punishment. Where Form 1 offences are serious in their own right, an otherwise appropriate sentence for the foundation offence should not be only slightly increased.
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23 of the 56 citing cases carry a classified treatment. How each court treated it is available to signed-in members.