In NSW, where an offender admits that charged offences are representative of broader uncharged conduct, the sentencing court may take that admission into account to deny mitigation (i.e., to refuse to treat the offences as isolated incidents) but may not use it as a circumstance of aggravation. The Queensland approach in R v D, which would prohibit any use of such admissions, does not apply in NSW. If admissions of uncharged offences are to be used as aggravation at all, they must be referable to precise and properly particularised incidents. The question whether admissions can ever be used as aggravation outside the statutory scheme remains open.
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