Elements of an offence (here, threatened use of violence and a weapon in armed robbery) cannot be double-counted as aggravating factors under s 21A(2) of the Crimes (Sentencing Procedure) Act 1999. Where an offender is charged separately for offences against each victim, the presence of multiple victims cannot aggravate any individual count. A sentencing judge who indicates a particular sentence structure and obtains the Crown's agreement must not depart from that indication without giving the offender's representative an opportunity to be heard.
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