When sentencing for robbery under s 95(1) of the Crimes Act 1900 where the circumstance of aggravation is deprivation of liberty, the sentencing judge may take into account injuries sustained by the victim provided they do not amount to grievous bodily harm, as to do so would infringe the De Simoni principle by effectively punishing for the more serious offence under s 96. Quasi-custody in rehabilitation institutions is not a mandatory relevant consideration and requires an evidentiary foundation establishing the conditions of the quasi-custody; a sentencing judge does not err by failing to take it into account where no submission is made and no evidence of conditions is tendered. The three requirements in Goodwin for admission of fresh evidence on a sentencing appeal are cumulative, not alternative.
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