A sentencing judge may take into account an offender's association with an outlaw motorcycle gang as factual background relevant to culpability, deterrence and rehabilitation, even where a circumstance of aggravation based on criminal organisation involvement has not been proved. The De Simoni principle is not offended by such an approach. The serious repeat offender provisions in s 20BA of the Criminal Law (Sentencing) Act 1988 (SA) specifically abrogate the common law prohibition on double-counting criminal antecedents, permitting a disproportionate sentence once a declaration is made.
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