A sentencing judge's observations about features of an offence (such as grave risk of death or risk to public safety) made in the course of assessing objective seriousness are not necessarily findings of statutory aggravation under s 21A(2) of the Crimes (Sentencing Procedure) Act 1999 (NSW), and should not be treated as such absent explicit reference to the statutory scheme. Whether an offence was committed 'without regard for public safety' under s 21A(2)(i) is not limited to offences in public places during daylight hours but depends on the particular circumstances. The context of an offender's gang membership and willingness to use firearms is a relevant consideration when assessing the objective seriousness of a firearms possession offence.
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