An offence under s 98 of the Crimes Act 1900 (NSW) (armed robbery with wounding) is not a more serious offence than one under s 97(2) (armed robbery whilst armed with a dangerous weapon) for De Simoni purposes, because both carry the same maximum penalty and their elements are not in a subset relationship. Accordingly, wounding may be taken into account as a circumstance of aggravation when sentencing for an offence under s 97(2). Parity comparison between co-offenders is unavailable where the offences for which each was sentenced are materially different.
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