A sentencing court cannot take into account anticipated special hardship in prison without evidence establishing that the offender will be subject to prison conditions more arduous than those of the average prisoner. The court cannot assume, in the absence of evidence, that prisoners convicted of offences against children will ordinarily experience hardship beyond that of the average prisoner. Prior similar offending against another infant, while not an aggravating factor under s 7(2) of the Sentencing Act 1995 (WA), is highly relevant to moral culpability, dangerous propensity, and the need for personal deterrence and community protection.
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