The fact that victims of an offence under s 33B of the Crimes Act 1900 (NSW) were police officers is not an inherent characteristic of the offence and may properly be treated as an aggravating factor under s 21A(2)(a) of the Crimes (Sentencing Procedure) Act 1999 (NSW), regardless of whether the officers sustained physical injury. Where an offender is sentenced separately for multiple offences arising from a single incident, the conduct constituting one offence cannot be taken into account to elevate the objective seriousness of another; the sentencing judge must fix appropriate sentences for each offence separately before considering cumulation, concurrence and totality.
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