The aggravating factor of 'planned or organised criminal activity' under s 21A(2)(n) of the Crimes (Sentencing Procedure) Act 1999 (NSW) requires more than a finding that the offence involved planning; it requires the offence to be part of an organised criminal enterprise. A normal street dealer purchasing drugs to fund personal use does not attract this factor. A finding of special circumstances need not result in a reduction of the non-parole period where the overall non-parole period barely reflects the total criminality and to give effect to the finding would require increasing the parole period, which cannot be done on an offender's appeal.
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