at paras [30] to [31]. However the extent to which a factor (which is an element of the offence) is present may be treated as an aggravating factor. Thus in the case of dangerous driving occasioning death, the degree to which the offender's blood alcohol level was over the legal limit can be taken into account as a mitigating factor: see Berg [2004] NSWCCA 300 at para [25]. Similarly it will not be an error in a robbery in company case to take into account as an aggravating factor the fact that the offender had a large number of overbearing and powerful companions: Way (2004) 60 NSWLR 168 at para [107]. Where a judge is sentencing an offender for a number of matters, and he/she refers to aggravating features generally which are elements of some of the offences (such as using weapons when there is an armed robbery count), error is established: Street [2005] NSWCCA 139 at paras [32] to [34]. If an aggravating factor applies to some of the offences for which an offender is being sentenced, but not all of them, the sentencing judge must indicate which of the offences are ones in which the aggravating factors are taken into account: Tadrosse (2005) 65 NSWLR 740 at para [22]. (b) 'the offence involved actual or threatened use of violence' A sentencing judge should not treat the simple fact of actual or threatened use of violence as an aggravating factor for an offence where the actual or threatened use