The prohibition against double-counting in s 21A(2) of the Crimes (Sentencing Procedure) Act 1999 extends beyond formal elements of the offence to inherent characteristics of the class of offence. For aggravated dangerous driving under s 52A(4), the factor of 'without regard for public safety' in s 21A(2)(i) should not be treated as an additional aggravating factor unless the circumstances involve unusually heinous behaviour or inebriation above the statutory precondition. The degree of intoxication cannot be used as an aggravating factor where substantial impairment is an element of the offence. A sentencing judge cannot reject a psychologist's report or expressions of remorse without identifying an evidentiary basis for doing so.
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