For the offence of dangerous driving occasioning death under s 52A(1)(c) Crimes Act 1900, the fact of death cannot be treated as an aggravating factor under s 21A(2)(g) because it is an element of the offence and the harm is necessarily 'substantial'. Section 21A(2)(m) (multiple victims or series of criminal acts) does not apply where the offender is being sentenced for separate offences arising from the same incident — the existence of multiple charges is not the same as 'multiple victims' within a single offence. The NSWCCA signalled willingness to reconsider the Previtera/Bollen approach to victim impact statements but the issue did not squarely arise.
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