Section 21A(2)(n) of the Crimes (Sentencing Procedure) Act 1999 (NSW) is engaged only when the particular offence is part of a more extensive criminal undertaking; repeated opportunistic sexual offending within a domestic environment, even if revealing a pattern of behaviour, does not constitute 'planned or organised criminal activity'. When sentencing an adult for sexual offences committed as a juvenile, the court must give real effect to the sentencing regime that would have applied had the offences been dealt with contemporaneously, including the probability that the offender would have been dealt with in the Children's Court. A victim impact statement is limited to the personal harm suffered by the victim as a direct result of the offence committed against that victim; broader family consequences fall outside the scope of ss 26 and 28. Once material sentencing error is established, the appeal court must determine the appropriate sentence — it is not sufficient to ask whether the impugned sentence fell within an available range.
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