In sentencing for drug supply offences, the disregard for public safety under s 21A(2)(i) of the Crimes (Sentencing Procedure) Act 1999 is an inherent characteristic of the offence already reflected in the maximum penalty, and cannot be separately counted as an aggravating factor unless there is some aspect of the specific conduct going beyond the objective element or underlying policy of the offence. Where a sentencing judge finds special circumstances, the overall sentence structure upon accumulation must be adjusted to give effect to that finding.
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