The common law rule that a sentencing court may only have regard to consequences of an offence that were intended or could reasonably have been foreseen by the offender continues to represent the law in New South Wales, and was not altered by ss 3A(g) or 21A(2)(g) of the Crimes (Sentencing Procedure) Act 1999. The decisions in R v Youkhana and R v Solomon, holding that usual victim effects should not be taken into account, are confined to the armed robbery guideline context where doing so would amount to double counting; there is no general principle that injuries to a victim should be ignored because they are no more than would be expected. The question whether the foreseeability rule is correct as a matter of common law principle was expressly left open.
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