A sentencing judge's finding that an offence involved 'some significant planning' does not necessarily constitute a finding of aggravation under s 21A(2)(n) of the Crimes (Sentencing Procedure) Act 1999 (NSW); it may instead represent a rejection of the offender's claim of spontaneity under s 21A(3)(b). A criminal record described as 'aggravating on sentence' does not necessarily contravene the Veen (No 2) proportionality principle if, read in context, the sentencing judge treated the record as evidencing persistent disobedience of the law rather than increasing the objective gravity of the offence.
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