Where actual violence or substantial injury is an element of the offence charged (such as s 33 of the Crimes Act 1900), the sentencing court must not have additional regard to those matters as aggravating factors under s 21A(2)(b) or (g) of the Crimes (Sentencing Procedure) Act 1999. The size of the adjustment to the statutory ratio upon a finding of special circumstances is a matter of discretion with which the CCA will be slow to interfere. Section 43 of the Crimes (Sentencing Procedure) Act 1999 empowers only the original sentencing court, not an appellate court, to correct a penalty contrary to law.
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