The test for whether an offence is committed 'in company' under s 61J(2)(c) of the Crimes Act 1900 (NSW) is whether there is such proximity between co-defendants as to enable the inference that the coercive effect of the group operated, either to embolden or reassure the offender or to intimidate the victim into submission. Physical presence is required but is an elastic concept; 50 metres separation in a remote area with a shared common purpose was held sufficient. It remains an open question whether the 'in company' requirement attaches only to the act of penetration or extends to other elements of the offence.
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