Section 21A(5) of the Crimes (Sentencing Procedure) Act 1999 (NSW) permits a sentencing judge to decline to increase or reduce a sentence by reason of aggravating or mitigating factors, and this may be done as part of an overall instinctive synthesis rather than a factor-by-factor analysis for each offence, particularly where multiple offences against multiple victims create a risk of double counting. The question whether s 21A(2)(g) and s 3A(g) require consideration of emotional harm to family victims in homicide cases remains unresolved. A discount at the top of the approved range (25%) is not appropriate for an offer to plead guilty to a lesser offence that was not accepted, where the matter proceeded to trial.
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