Financial gain is not an inherent characteristic of the offence of dealing in identification information under s 192J of the Crimes Act 1900 (NSW), and may therefore be taken into account as an aggravating factor under s 21A(2)(o) of the Crimes (Sentencing Procedure) Act 1999 (NSW) without the need to show the gain was 'significant' or above the lowest level of offending. A finding of 'highly exceptional' hardship to a dependant does not oblige a sentencing judge to impose a non-custodial sentence or to reduce the weight given to general deterrence; the manner in which such hardship is reflected in the sentence is a discretionary matter reviewable only on House v R principles.
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