Where an indictment for aggravated indecent assault under s 61M(1) of the Crimes Act 1900 pleads only one of the five available circumstances of aggravation (e.g., victim under 16), the unpleaded circumstances (e.g., victim under authority of offender) are not elements of the offence as charged and may properly be taken into account as aggravating factors under s 21A(2)(k) of the Crimes (Sentencing Procedure) Act 1999 without constituting double counting.
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