When assessing whether an offender is of 'good character' under s 21A(3)(f) of the Crimes (Sentencing Procedure) Act 1999, the sentencing judge must exclude the offence being sentenced but may take into account evidence suggesting other criminal conduct in determining whether good character has been proved on the balance of probabilities. The nature of the offender's actions in committing the offence may be relevant as evidence of familiarity with criminal activity, even though the offence itself is excluded from the good character assessment.
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