A finding of substantial harm under s 21A(2)(g) Crimes (Sentencing Procedure) Act 1999 can be made by inference from agreed facts describing the nature of the offending, without a victim impact statement. The totality principle has limited application where an offender is sentenced for historical offences discovered through cold case DNA matching, particularly where the offender was not in a state of uncertain suspense, did not demonstrate rehabilitation, and was not serving a sentence at the time of the later sentencing. The De Simoni principle is not infringed where a sentencing judge refers to the factual circumstances of an offence (including the presence of a weapon) without making a finding that amounts to a circumstance of aggravation under a more serious offence provision.
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