The words in question are the only words that make a difference to paragraph (d). Due diligence is required for any conviction, therefore there is no need to consider lack of due diligence to be aggravating. Of course it's aggravating, otherwise there would be no conviction. But it's not particularly more aggravating in one case or another. What is particularly aggravating, however, is if an offender has a greater financial capacity. Financial capacity has always been considered to be important in sentencing. If you have a greater ability to look after these things and you don't, then it's aggravating. If you take that out, you might as well strike the whole subparagraph, because mere lack of due diligence is required for every offence. There's nothing more or less aggravating about it in any given case; it's the means to take action and not using those means that makes it more or less aggravating.
On May 5th, 2009. See this statement in context.