A reference to 'the gravity of crimes' in sentencing reasons may be read as referring to where the offending sits on the sentencing spectrum (taking into account both objective gravity and offender circumstances including prior convictions) rather than to objective gravity alone, particularly where the sentencing judge has expressly stated the offender is not being re-punished for past crimes. The question whether prior convictions for offending against the same victim can inform the objective gravity of an instant offence remains unresolved and should be determined by a bench of three or five. In family violence aggravated burglary cases, the absence of weapons and co-offenders are important factors that distinguish less serious instances from the most serious, even where the offending is otherwise very grave.
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