Where a sentencing judge cannot attribute substantial emotional harm to any individual offence in a case of multiple offending, the harm must still be taken into account in determining the aggregate sentence as part of the totality assessment. The aggravating factor of substantial emotional harm under s 21A(2)(g) applies to image-based abuse offences (distribution, recording, threatening to distribute intimate images) notwithstanding that such offences are enacted to prevent the very type of harm suffered, because the statutory aggravating factor addresses harm that goes beyond what could ordinarily be expected. Reputational damage is distinct from emotional harm for sentencing purposes.
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