Where an offender has committed multiple offences against different victims, the 'multiple victims' aggravating factor under s 21A(2)(m) does not apply unless there are multiple victims in relation to each individual offence. Prior convictions listed as an aggravating factor under s 21A(2)(d) must be assessed subject to the 'rule of law' qualification in s 21A(4), and do not aggravate the offence but may affect the weight given to retribution, deterrence and community protection. Pre-sentence custody must be accounted for by backdating the sentence commencement, not by deducting the period from the sentence imposed. A discrete error in the non-parole period may be corrected even where the Court is not satisfied that some other sentence is warranted in law.
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