When sentencing for an offence under s 33B(1) of the Crimes Act 1900 (NSW) where the Crown relies on the 'intent to commit an indictable offence' limb, the sentencing court may consider the nature of the particularised indictable offence — including the victim's status as a police officer — as part of the assessment of objective criminality, provided it is not separately treated as an aggravating factor under s 21A(2)(a). Counts framed as use of weapon with intent to assault police (s 33B(1)) and substantive assault police (s 60(1)) arising from separate strikes do not engage the Pearce double punishment principle because they share no common elements.
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