Where the advantage element of a specially aggravated kidnapping charge under s 86(3) of the Crimes Act 1900 (NSW) is pleaded as obtaining gratification by punishing and humiliating the victim, the quasi-vigilante nature of the offending cannot be treated as an aggravating factor on sentence for that offence, as it would constitute impermissible double counting contrary to s 21A(4) of the Crimes (Sentencing Procedure) Act 1999. However, quasi-vigilantism may properly be taken into account as an aggravating factor for related offences where it does not form part of the elements of the charge.
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