A sentencing judge must expressly advert to an offender's lack of prior convictions under s 21A(3)(e) of the Crimes (Sentencing Procedure) Act 1999 (NSW); a general reference to 'good character' is insufficient. Failure to do so constitutes error by oversight warranting resentencing. The objective gravity of an offence is not assessed by the absence of features which would elevate the offending into a different category of seriousness.
The full text is available to signed-in members, including the 3 later cases that cite this judgment.