A sentencing court must not have additional regard to the use of violence, use of a weapon, or commission in company as aggravating factors under s 21A(2) of the Crimes (Sentencing Procedure) Act 1999 where those matters are elements of the offences of armed robbery or robbery in company. However, such error will not lead to resentencing where the overall sentence is otherwise appropriate given the objective gravity of the offending. The principles in R v Henry regarding drug dependency and armed robbery sentencing were confirmed: drug dependency does not of itself mitigate an armed robbery sentence, and the typical range for a single armed robbery is 4-5 years (assuming a late plea).
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