Violence or threatened violence cannot be taken into account as an aggravating factor under s 21A(2) of the Crimes (Sentencing Procedure) Act 1999 when sentencing for offences under s 97(2) or s 33B(1)(a) of the Crimes Act 1900, as it is an element of those offences. The Henry guideline for armed robbery may properly be used as a starting point for sentencing, with adjustment upwards or downwards as circumstances require, but must not be applied as a standard.
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