Abuse of trust and abuse of authority in s 21A(2)(k) of the Crimes (Sentencing Procedure) Act 1999 are distinct aggravating factors. Where abuse of authority is an element of the offence (e.g., s 66C(2) Crimes Act 1900), abuse of trust may still be taken into account as a separate aggravating factor, but sentencing judges should exercise caution in giving it undue weight where both arise from the same facts. On fresh evidence appeals, an alleged retraction by a prosecution witness that is ambiguous, denied by the witness, and given by a person with admitted memory difficulties is unlikely to meet the threshold of a significant possibility of acquittal.
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