The aggravating factor in s 21A(2)(ea) (offence committed in presence of a child) requires proof beyond reasonable doubt that the child was actually aware of the offence; the mere presence of children inside a home while an offence occurs outside, without evidence of awareness, is insufficient. Limited planning that does not amount to 'planned or organised criminal activity' under s 21A(2)(n) may still be taken into account under s 21A(1)(c) as a factor affecting relative seriousness. The voluntary return of an offender who has fled the jurisdiction is a matter of public utility to be taken into account in sentencing for a fail to appear offence. The correct procedural mechanism for bringing fail to appear charges before the District Court under the Bail Act 2013 remains uncertain.
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