Where an offender and victim share the same home, the location of the offence cannot be taken into account as a statutory aggravating factor under s 21A(2)(eb), but the special geographic vulnerability of victims in a domestic violence context — including that they had nowhere to go — remains a relevant matter in assessing the objective seriousness of the offence. Two members of the Court expressed reservations about the correctness of the line of authority restricting s 21A(2)(eb) and suggested it may be time for re-examination.
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