A sentencing judge may take into account what was said and done by an offender in the planning process as context for the seriousness of an incitement offence, including expressed intentions to commit further offences after the incited offence, without infringing the De Simoni principle, provided the judge does not treat the possibility that other offences might have been committed as a relevant sentencing matter in its own right. Where no sentencing statistics or comparable sentences exist for a particular offence, sentences for relevantly similar offending may be considered.
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