An uncharged circumstance of aggravation under the Criminal Code (WA) may be taken into account by the sentencing judge as an aggravating factor under s 7(3)(b) of the Sentencing Act 1995 (WA), provided the sentence does not exceed the statutory maximum for the offence without that circumstance. The purpose or motive of an offender in committing a burglary is an aggravating (or mitigating) factor properly taken into account in sentencing and need not be pleaded as a circumstance of aggravation. A sentencing judge may find facts beyond reasonable doubt that were not determined by the jury, provided those facts are consistent with the jury's verdict.
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