An offender's criminal record and status as a parolee at the time of offending are subjective considerations that must not be taken into account in assessing the objective seriousness of an offence. Where a sentencing judge's assessment of objective seriousness can only be explained by reference to these subjective factors, the sentence will be set aside. The failure to provide reasons for a finding of special circumstances under s 44(2) of the Crimes (Sentencing Procedure) Act 1999 (NSW) does not constitute error under s 44(3), but the provision of such reasons is desirable.
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