An inadvertent or historical reference to 'breaking' in sentencing remarks for an offence under s 111(2) of the Crimes Act 1900 (NSW) does not breach the De Simoni principle where a fair reading of the whole of the remarks shows the sentencing judge correctly identified the offences, maximum penalties, and facts. The relevant 'breaking' counterpart to s 111 is s 113 (not s 112), and since both s 111(2) and s 113(2) carry the same maximum penalty of 14 years, there is serious doubt that s 113 is a 'more serious offence' for De Simoni purposes.
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