Section 16C(1) of the Crimes Act 1914 (Cth) only obliges a sentencing court to take into account the financial circumstances of an offender so far as they are established to the court's satisfaction; the provision does not require the court to positively ascertain financial circumstances before imposing a fine. The financial circumstances of an offender are a relevant but not decisive factor in fixing a fine, and consideration of financial circumstances may increase as well as decrease a fine. A sentencing judge who raises the possibility of a fine with defence counsel, invites submissions, and refers to relevant evidence in the sentencing remarks will generally be taken to have complied with s 16C.
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