. Possessing child pornography where the images involve cruelty does not mean that the offence is an offence of gratuitous cruelty: Saddler v Regina [2009] NSWCCA 83 . A sentencing judge should not take into account the simple fact of the injury of the victim as an aggravating factor if it is an element of the offence. In a manslaughter case, the sentencing judge should not treat the death of the victim or grievous bodily harm as an aggravating factor Williams [2005] NSWCCA 99 at paras [34] to [38], Tzanis [2005] NSWCCA 274 at paras [9] to [18]. The same applies in cases occasioning actual bodily harm: Murphy [2005] NSWCCA 182 at paras [23] to [24]. The same applies in cases of dangerous driving occasioning death ( Vale [2004] NSWCCA 469 at para [33], Berg [2004] NSWCCA 300 at para [30]). Where the deceased in a case of aggravated dangerous driving occasioning death is pregnant, the death of the foetus is not an aggravating feature because the law regards the foetus as part of the mother: Regina v Hughes (2008) 185 A Crim R 155 . (h) 'the offence was motivated by hatred for or prejudice against a group of people to which the offender believed the victim belonged (such as people of a particular religion, racial or ethnic origin, language, sexual orientation or age, or having a particular disability)' Being motivated by racial hatred does not include a stereotyped belief that certain ethnic groups might have more money at