Where an offence under s 61J of the Crimes Act 1900 (NSW) is charged with one circumstance of aggravation (e.g. victim's age), other circumstances of aggravation (e.g. abuse of position of trust under s 21A(2)(k)) may be taken into account in sentencing without contravening the De Simoni principle, because there is only one offence under s 61J and the offender is not being sentenced for a more serious offence. The proper comparison for assessing the significance of a special circumstances adjustment is the increase in the balance of term relative to the statutory ratio, not the percentage reduction in the non-parole period relative to the total sentence.
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