A sentencing judge must specifically examine the application of each aggravating factor under s 21A(2) of the Crimes (Sentencing Procedure) Act 1999 to the circumstances of the offence, rather than collectively listing applicable factors. A passing or collective reference to s 21A(2) factors without explaining how each is taken into account is unsatisfactory and creates a real risk of double counting and of having additional regard to elements of the offence. Where a finding of special circumstances is made and multiple sentences are partially accumulated, the sentencing judge must ensure the finding has practical effect on the overall sentence structure, not merely on the individual sentence carrying the non-parole period.
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