A 'position of trust' under s 21A(2)(k) of the Crimes (Sentencing Procedure) Act 1999 (NSW) requires a special relationship recognised by the common law as imposing a particular responsibility — it is not established merely because the victim trusted the offender due to community standing, apparent business success, or commercial naivety. The position of trust must transcend the usual duty of care arising between persons in their everyday business and social dealings. Where an offender is sentenced on a second occasion for offences committed during the same period as offences already sentenced, the second sentencing judge must consider what the position would have been had all offences been before one judge.
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