The conventional approach of taking the jury's verdict on the substantive offence first, followed by verdicts on each circumstance of aggravation, is the distinctly preferable course in Western Australia, though the alternative approach of asking for a composite verdict on the charge including all circumstances of aggravation is not an error of law. Section 113(2) of the Criminal Procedure Act 2004 (WA) does not apply to pleaded circumstances of aggravation. The sentencing range for aggravated armed robbery in WA remains 6-9 years (pre-transitional provisions), and a sentencing judge who identifies the offence as mid-range cannot adopt a starting point below the bottom of the range without justification.
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