Where a defendant pleads guilty to an aggravated offence and admits at least one aggravating circumstance but disputes another, the disputed circumstance is determined by the sentencing judge, not a jury. Where no aggravating circumstance is admitted, the matter must go to a jury. All circumstances of aggravation under both s 56(2) and s 5AA must be pleaded on the information. The question whether s 56(1) creates one or two offences remains unresolved.
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