Where grievous bodily harm is an element of the offence, the injury is necessarily 'substantial' and cannot be separately treated as an aggravating factor under s 21A(2)(g). The vulnerability of a victim under s 21A(2)(l) is directed to the weakness of a particular class of victim (such as the very young, very old, or disabled) and not to the circumstantial vulnerability created by the manner of the offender's attack. The expression 'by any means' in the former s 35 of the Crimes Act 1900 (NSW) is not an element or inherent characteristic of the offence, so the use of a weapon may properly be treated as an aggravating factor under s 21A(2)(c).
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