Section 21A(2)(m) of the Crimes (Sentencing Procedure) Act 1999 (NSW) has no operation where there are multiple offences charged; it is concerned only with the situation where a single offence contains multiple criminal acts as part of a single course of criminal conduct. Where a sentencing judge erroneously treats s 21A(2)(m) as an aggravating factor for each of multiple offences, this constitutes a House v The King error requiring re-exercise of the sentencing discretion. The interaction between aggregate sentences under s 53A and licence disqualification under s 206A of the Road Transport Act 2013 (NSW) was also clarified.
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