A discharge without conviction under s 10(1)(b) of the Crimes (Sentencing Procedure) Act 1999 does not constitute a 'record of previous convictions' for the purposes of s 21A(2)(d), because s 21A(2)(d) is a penal provision to be construed strictly and because treating such a finding as a conviction would defeat the purpose of s 10. Where assault occasioning actual bodily harm is the serious indictable offence committed within a dwelling under s 112(2), the use of actual violence cannot be separately taken into account as an aggravating factor under s 21A(2). Sentencing judges must give adequate attention to strong subjective cases including community service and charitable work, and must not prematurely foreclose consideration of alternative modes of serving a sentence such as periodic detention.
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