Section 21A(2)(k) of the Crimes (Sentencing Procedure) Act 1999 (NSW) requires a relationship of trust or authority between offender and victim; the mere fact that a victim trusted the offender based on a prior uneventful encounter does not establish a 'position of trust or authority' within the meaning of the provision. Cultural background and 'traditional views about women' from the offender's country of origin are not mitigating factors in sentencing for sexual assault. The misapplication of one aggravating factor under s 21A does not inevitably require a reduction in sentence if the overall sentence remains within the appropriate range.
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