Where an offender seeks to rely on hardship to family members under s 16A(2)(p) of the Crimes Act 1914 (Cth), and the financial support previously provided to those family members was derived wholly or partly from the proceeds of offending, the weight to be given to the cessation of that support is diminished because the family was not entitled to receive it in the first place. However, the direct impact of incarceration on immediate family members (particularly a spouse and child) remains a significant consideration. COVID-19 hardship in custody is a relevant factor on resentencing but does not necessarily reduce the appropriate sentence.
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