Prior criminal history, while relevant to sentencing under s 21A(2)(d) of the Crimes (Sentencing Procedures) Act 1999, has no role in determining the objective seriousness or moral culpability of an offence of aggravated dangerous driving occasioning death. However, where the ultimate finding of high moral culpability is supported by other evidence, the error will not result in a lesser sentence being warranted under s 6(3) of the Criminal Appeal Act 1912.
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