(1) Aggravating
factors are factors which, in the court’s opinion, increase the
culpability of the offender.
(2) An offence is not
aggravated by the fact that —
(a) the
offender pleaded not guilty to it; or
(b) the
offender has a criminal record; or
(c) a
previous sentence has not achieved the purpose for which it was imposed.
(3) If the statutory
penalty for an offence is greater if the offence is committed in certain
circumstances than if it is committed without the existence of those
circumstances, then —
(a) an
offender is not liable to the greater statutory penalty unless he or she has
been charged and convicted of committing the offence in those circumstances;
and
(b)
whether or not the offender was so charged, the existence of those
circumstances may be taken into account as aggravating factors.