Actual harm inflicted on a victim may be taken into account as part of the objective seriousness of an offence even where the degree of harm was not intended or foreseen by the particular offender, provided the sentencing judge does not treat it as an aggravating feature against that offender. This is particularly so where the harm constitutes an element of the offence. Josefski v R does not preclude this approach, as that case concerned unintended consequences taken into account as aggravating factors, not as aspects of objective seriousness. Concessions made by counsel at sentence hearings cannot be withdrawn on appeal absent exceptional circumstances demonstrating a miscarriage of justice.
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