The circumstances of a Form 1 offence may be considered as context for a charged offence to which it does not attach, provided the sentencing judge does not use the Form 1 offending to increase the objective gravity of that offence; the Form 1 offending may serve as the connecting thread between charged offences without constituting impermissible double counting.
The full text is available to signed-in members, including the 7 later cases that cite this judgment.
6 of the 7 citing cases carry a classified treatment. How each court treated it is available to signed-in members.