A sentencing judge who treats prior criminal record as an aggravating factor under s 21A(2) without regard to the qualification in s 21A(4) of the Crimes (Sentencing Procedure) Act 1999 commits error, but the error will not warrant appellate intervention under s 6(3) of the Criminal Appeal Act 1912 where the record properly justified giving greater weight to retribution, deterrence and community protection in accordance with Veen (No 2). A judicial recommendation regarding a residential rehabilitation program upon release does not constitute a binding condition of parole.
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