Where fraud offences are particularised as involving a single criminal act (e.g., a single deceptive representation), the uncharged criminal acts involved in the commission of each offence cannot be relied upon to establish the aggravating factor under s 21A(2)(m) that the offence involved a series of criminal acts. Financial gain cannot be treated as an aggravating factor under s 21A(2)(o) for offences where financial gain is an inherent element, unless its nature or extent is unusual. However, sentencing errors in relation to aggravating factors will not result in a lesser sentence where the original sentence was already lenient.
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