The term 'in company' in s 21A(2)(e) of the Crimes (Sentencing Procedure) Act 1999 (NSW) requires proof beyond reasonable doubt of a common purpose between the offender and the other person, and physical presence at the scene — the same requirements as for the element of aggravated offences under the Crimes Act 1900 (NSW). Delay in sentencing that is not attributable to the offender and which extends the period of accumulation available to the sentencing judge is a relevant consideration that must be taken into account. Concessions by defence counsel that are erroneous on the facts do not preclude appellate intervention where justice demands it.
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