A serious violent offence declaration under s 161B(3) of the Penalties and Sentences Act 1992 is not limited to offences where actual violence is committed or where the offender has a violent criminal past; both are relevant but not necessary considerations. Where a factual issue is not raised by defence counsel at sentencing, the sentencing judge may treat the point as conceded and draw inferences accordingly. Co-offenders with materially different levels of culpability, planning involvement, and criminal history must be distinguished in sentencing.
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