A Form 1 offence cannot be taken into account where the agreed statement of facts does not establish the elements of that offence. A sentencing judge lacks power to attach a Form 1 offence to a principal offence other than that specified in the Form 1 document. Compliance with the mandatory procedural requirements of s 33(2) of the Crimes (Sentencing Procedure) Act 1999 (NSW) — including asking the offender whether they admit guilt and whether they wish the offence to be taken into account — is essential to prevent such errors.
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1 of the 2 citing cases carry a classified treatment. How each court treated it is available to signed-in members.