Gratuitous and opportunistic property damage during a burglary, where the damage goes beyond what is incidental to the intrusion or search for property to steal, constitutes separate serious criminality that cannot be treated as an aggravating feature of the burglary if the offender has not been charged with criminal damage. However, identification of such a sentencing error will not result in leave to appeal being granted where the total effective sentence would not be reduced on re-sentence, including because cumulation on other charges was inadequate and would need to be increased.
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