A sentencing judge must not treat a circumstance of aggravation that forms an element of the charged offence as an additional aggravating factor under s 21A(2) of the Crimes (Sentencing Procedure) Act 1999. Prior convictions relied upon as an aggravating factor under s 21A(2)(f) without explanation will be taken to have been used impermissibly. Partial accumulation of sentences will itself ordinarily constitute a special circumstance requiring adjustment of the overall non-parole period ratio. However, identified sentencing errors will not lead to appellate intervention where the overall sentence remains appropriate and no different sentence is warranted under s 6(3) of the Criminal Appeal Act 1912.
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