The existence of previous convictions is by no means always a proper ground for passing a heavy sentence for a petty offence. If several years have elapsed since the expiry of the last sentence, the question whether the previous convictions, taken with the facts elicited by evidence, show that the accused can at the time of trial be considered a habitual criminal should receive careful consideration. In all cases in which a very severe sentence is inflicted for a petty offence the judgement should show that the Magistrate has, for reason stated, come to the conclusion that the offender is incorrigible.
