Conditional liberty under s 21A(2)(j) of the Crimes (Sentencing Procedure) Act 1999 (NSW) is a subjective aggravating factor only and must not be taken into account in the assessment of objective seriousness; its placement under an objective seriousness heading in sentencing remarks will support a finding of error.
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1 of the 4 citing cases carry a classified treatment. How each court treated it is available to signed-in members.