The assessment of objective seriousness of an offence is quintessentially for the sentencing judge and is reviewable only on House v The King principles; an appellate court will be very slow to substitute its own view. Where tendency evidence is admitted without objection and is particularly powerful due to multiplicity of occasions, close temporal proximity, and almost identical circumstances, it may support convictions even where CCTV footage viewed in isolation is ambiguous. On a Crown sentence appeal, establishing specific sentencing error (such as error in assessment of objective seriousness of one count) is insufficient to warrant resentencing unless the Crown also establishes that the aggregate sentence was manifestly inadequate.
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