A sentencing judge is not required to find exceptional circumstances before departing from a guideline sentencing range; the requirement of exceptional circumstances applies only to the imposition of a non-custodial sentence for armed robbery offences. Section 21A(2)(n) of the Crimes (Sentencing Procedure) Act 1999 (planned and organised criminal activity) should not be used to aggravate an offence where the offender was not involved in the planning and organisation. Where evidence of duress is accepted, it must be treated as a mitigating factor under s 21A(3)(d), not as evidence of planned criminal activity under s 21A(2)(n).
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