When imposing an aggregate sentence under s 53A of the Crimes (Sentencing Procedure) Act 1999 (NSW), a sentencing judge is not required to state the precise degree of accumulation of indicative sentences. If a judge unnecessarily specifies the degree of accumulation and the aggregate sentence does not reflect that stated approach, this constitutes appealable legal error. In this case, the applicant's prior good character was allowed some mitigation notwithstanding that it facilitated the commission of the offences, distinguishing O'Brien v R.
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