The requirement under s 54B(4) of the Crimes (Sentencing Procedure) Act 1999 (NSW) to assess objective seriousness for standard non-parole period offences is satisfied by an evaluative description of the offending conduct and its effects, together with identification of the relevant facts, matters and circumstances, without the need to classify the offence as 'low', 'mid-range' or 'high'. Where co-offenders are differentially charged by the prosecution, the sentencing court must sentence each by reference to the offence actually charged and cannot sentence by reference to an offence not charged, even if the differential charging appears artificial.
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