An offender's antecedent criminal history and the fact that an offence was committed on conditional liberty cannot be used to increase the assessment of objective seriousness of an offence, but may be taken into account in determining the appropriate sentence within the permissible range through considerations of personal deterrence and retribution. The principle against appellate 'tinkering' with sentences may not apply, or applies with less force, to appeals by offenders seeking reduction of sentence, as opposed to Crown appeals against inadequacy. Hulme J's observations signal ongoing tension between the McNaughton principle and the High Court's statements in Veen (No 2) regarding the relevance of criminal history to moral culpability.
The full text is available to signed-in members, including the 28 later cases that cite this judgment.
9 of the 28 citing cases carry a classified treatment. How each court treated it is available to signed-in members.