The stabbing of a police dog during apprehension, while a circumstance of aggravation relevant to objective gravity, does not constitute 'gratuitous cruelty' within s 21A(2)(f) of the Crimes (Sentencing Procedure) Act 1999 (NSW). An offence under s 33B(1)(a) involving knives cannot be in the worst category where the use of firearms would occupy that position. Where individual sentences are not manifestly excessive, the extent of accumulation for offences arising from a single episode of criminality may nevertheless produce a manifestly excessive overall sentence.
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