Vulnerability of victims under s 21A(2)(l) of the Crimes (Sentencing Procedure) Act is not confined to personal attributes (youth, age, disability) or occupation (taxi driver, bank teller) but extends to situational vulnerability such as reliance on public transport late at night. The utilitarian discount for a plea of guilty must be kept separate from any discount for contrition, but a sentencing judge's remarks will be construed as a whole to determine whether this distinction was maintained. An error in double-counting an element of the offence as an aggravating factor under s 21A(2) will not result in resentencing if no lesser sentence is warranted in law.
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