Where an aggravating factor under s 21A(2) is erroneously taken into account because it is an element of the offence, but no additional or cumulative effect is given to it, the error is a technical one of little or no significance. Where facts relied upon as an aggravating factor under s 21A(2)(k) do not clearly fall within that provision, they may nonetheless be taken into account as objective factors affecting the relative seriousness of the offence under s 21A(1)(c). The scope of s 21A(2)(k) in the context of security industry knowledge used to facilitate robbery was left open.
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