Weininger v The Queen

Criminal law – Sentencing - Absence of prior conviction - Requirement to take into account "character and antecedents" in s 16A(2)(m) Crimes Act 1914 (Cth) - Whether absence of prior conviction gave rise to inference of lack of prior criminal conduct - Neither negative nor positive inference drawn - Absence of prior conviction did not demonstrate absence of prior criminal conduct - Whether absence of prior conviction relevant to sentencing apart from significance as to past character.

Criminal law – Sentencing - Relevance of uncharged criminal acts - Whether sentencing judge entitled to take such acts into account in determining sentence - Whether acts relevant to prisoner's entitlement to leniency otherwise on the ground that he was a first offender - Whether relevant to consideration of the prisoner's character - Whether in context of very heavy sentence such consideration indicated error of sentencing principle.

Words and Phrases – "character and antecedents".

Crimes Act 1914 (Cth) – ss 16A(2), 16A(2)(m).