Errors in the application of s 21A aggravating factors (such as treating an element of the offence as an aggravating factor) do not of themselves warrant appellate intervention where the sentencing judge gave no additional or cumulative effect to those factors. The Fernando principles relating to Aboriginal offenders are not automatically engaged by the fact of Aboriginality alone; there must be material showing that the offender's disadvantage arose from their Aboriginality. A parity argument based on a co-offender's sentence may fail where the co-offender's lesser sentence was itself influenced by factors (such as Fernando submissions) not raised at the applicant's sentencing.
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