When sentencing for offences carrying a standard non-parole period under Division 1A of Part 4 of the Crimes (Sentencing Procedure) Act 1999 (NSW), the assessment of objective seriousness and the s 21A aggravating and mitigating factors must be considered together in a single stage before answering the question whether there are reasons for departing from the standard non-parole period. Conducting a two-stage process — first assessing objective seriousness using some s 21A factors, then returning to those same factors separately — constitutes error by double counting, though such error will not result in resentencing if the sentence is otherwise appropriate.
The full text is available to signed-in members, including the 2 later cases that cite this judgment.
1 of the 2 citing cases carry a classified treatment. How each court treated it is available to signed-in members.