An offender's prior criminal history cannot be used to assess the objective gravity of the instant offence; the principle of proportionality requires the upper boundary of a proportionate sentence to be set by the objective circumstances of the offence, which do not encompass prior convictions. The passage in R v Kilic referring to the facts of the 'offender' in the sentencing spectrum does not alter this principle. Sentencing judges should avoid classificatory labels such as 'mid-range' and instead use comparable cases as yardsticks.
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2 of the 13 citing cases carry a classified treatment. How each court treated it is available to signed-in members.