Victim impact statements can establish substantial harm under s 21A(2)(g) of the Crimes (Sentencing Procedure) Act 1999 (NSW) beyond reasonable doubt without corroborating expert evidence, where the harm described goes beyond that inherent in the offence. Hypervigilance regarding victims' own children and guilt felt by elder siblings for not disclosing abuse, thereby allowing the offender to abuse younger siblings, are matters capable of elevating harm to 'substantial' for the purposes of s 21A(2)(g). Even if indicative sentences in an aggregate sentencing exercise are inflated, the aggregate sentence will not be disturbed where minimal notional accumulation demonstrates the error has not affected the overall sentence.
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