For the offence of robbery under s 97 of the Crimes Act 1900, threatened use of violence is an element and cannot be taken into account as an aggravating factor under s 21A(2)(b), but actual use of violence (where the offence was established by threat alone) can be. Being armed with a dangerous weapon under s 97(2) does not require threatened or actual use of the weapon, so use of the weapon may be taken into account under s 21A(2)(c). Where the offence as charged incorporates commission in company, that fact cannot be taken into account under s 21A(2)(e), though the nature and extent of the company may inform seriousness. Offences on a Form 1 cannot be treated as a 'series of criminal acts' aggravating the primary offence under s 21A(2)(m).
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