A sentencing judge's reference to a factual feature such as position of authority as an 'aggravating feature' when assessing objective seriousness does not, without more, constitute a breach of the De Simoni principle or a finding of statutory aggravation under s 21A(2)(k) of the Crimes (Sentencing Procedure) Act 1999 (NSW). The use of the term 'aggravating feature' in ordinary parlance to describe a factual feature heightening criminality is distinguishable from a finding of statutory aggravation.
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