Commission of an offence while on conditional liberty under s 21A(2)(j) is a separate aggravating factor for sentencing purposes but does not aggravate the objective criminality of the offence itself. An offender whose parole has been revoked but who remains at large may still be on 'conditional liberty' for the purposes of s 21A(2)(j). A parent's position of trust and authority with respect to children is not dissolved by the imposition of an ADVO. Where error is found in sentencing, the Court of Criminal Appeal must exercise the sentencing discretion afresh and cannot merely adopt the sentence imposed below on the basis that 'no lesser sentence is warranted in law'.
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