A Form 1 offence taken into account on sentence does not add to the criminality of the principal offence, though it may justify greater weight being given to personal deterrence and retribution. Prior criminal record does not enhance the objective seriousness of the offence but may disentitle the offender from leniency and justify emphasis on personal deterrence. Retribution remains a permissible sentencing purpose notwithstanding its absence from s 3A of the Crimes (Sentencing Procedure) Act 1999 (NSW).
The full text is available to signed-in members, including the 9 later cases that cite this judgment.
6 of the 9 citing cases carry a classified treatment. How each court treated it is available to signed-in members.