A sentencing judge does not err by observing that mitigating factors relied upon by an offender (such as family support, absence of prior convictions, and good employment record) existed at the time of the offence and did not deter the offending, when assessing the weight to be given to specific deterrence under s 16A(2)(j) of the Crimes Act 1914 (Cth). Such an observation does not convert mitigating factors into aggravating factors or apply the provision 'retrospectively'.
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