The aggravating factor of commission 'in company' under s 21A(2)(e) requires the presence of persons conveying a threat of violence to the victim; it does not apply merely because the offender used another person to assist in drug supply. The aggravating factor of commission 'in the presence of a child' under s 21A(2)(ea) must be proved beyond reasonable doubt and requires evidence the child was actually present during the commission of the charged offences. Where profit and planning are inherent elements of the offence charged, they cannot be treated as aggravating factors without evidence they exceeded what was inherent in the offence. The language of 'middle of the range of objective seriousness' should not be used for offences without standard non-parole periods. Two of three judges signalled that the existing sentencing range for s 25A ongoing supply offences may be unduly lenient.
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