A sentencing judge must not treat an offender's prior criminal convictions as an aggravating feature of the offence under s 21A(2)(d) of the Crimes (Sentencing Procedure) Act 1999 (NSW), but may take the criminal history into account under the Veen v The Queen (No 2) principles as illuminating moral culpability, dangerous propensity, and the need for retribution, deterrence and protection of society. An accumulation of 6 months was held sufficient to reflect offending against two child victims over a three-month period where the offences against one victim were of a lesser order.
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