The fact that an offence was committed while the offender was on conditional liberty (parole) is a subjective factor personal to the offender and is not part of the assessment of objective seriousness. A sentencing judge's remarks will be read fairly and not overly critically to determine whether this distinction was observed. The Bugmy principles are adequately considered where the sentencing judge expressly notes the principle is engaged, makes detailed findings from the psychologist's report about the offender's deprived background, and demonstrates understanding of the principle elsewhere in the remarks, even if the principle is not restated in full when dealing with the particular offender in ex tempore reasons.
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