R v SCW – 2019 BCCA 405 (Geopel JA):

[30] Of note, however, is that Lacasse did not concern a statutory aggravating factor. While in Lacasse intoxication was an element of the impaired driving offence, intoxication was not a statutory aggravating factor under the Criminal Code. Lacasse makes no mention of the treatment of statutory aggravating factors that are themselves elements of the offence. In my view, Lacasse is distinguishable and stands only for the proposition that elements of an offence should not be used as common-law aggravating factors.