Where possession of a weapon is an element of the offence charged (such as armed robbery under s 97(1) of the Crimes Act 1900), it cannot be treated as an additional aggravating circumstance under s 21A(2) of the Crimes (Sentencing Procedure) Act 1999 so as to increase the sentence. A sentencing judge may reflect community attitudes to the seriousness of a type of crime from judicial experience without requiring evidence, but if the judge proposes to increase the sentencing pattern based on increasing prevalence, counsel must be warned and proper evidence is required.
The full text is available to signed-in members, including the 8 later cases that cite this judgment.
2 of the 8 citing cases carry a classified treatment. How each court treated it is available to signed-in members.