A person seated on a train who is isolated and confronted by a group of assailants is 'vulnerable' within s 21A(2)(l) of the Crimes (Sentencing Procedure) Act 1999 (NSW). An appellate court will not perpetuate an erroneous factual finding made in a co-offender's sentencing proceedings. The totality principle has limited application where prior sentences have expired and the offender's continuous custody relates solely to the offence being sentenced.
The full text is available to signed-in members, including the 4 later cases that cite this judgment.