Mere possession of a weapon does not establish use or threatened use for the purposes of s 21A(2)(c) of the Crimes (Sentencing Procedure) Act 1999 (NSW); something more than possession is required, such as brandishing, verbal threats, or actual use. Form 1 offences that are inextricably linked to the principal offence may properly inform the assessment of objective seriousness of the principal offence. A general claim of COVID-19 hardship in custody is insufficient to mitigate sentence; current and reliable evidence of adverse consequences to the individual offender is required.
The full text is available to signed-in members, including the 6 later cases that cite this judgment.
2 of the 6 citing cases carry a classified treatment. How each court treated it is available to signed-in members.