The aggravating factor in s 21A(2)(eb) of the Crimes (Sentencing Procedure) Act 1999 (NSW) may apply where the offence is committed in the offender's home and the victim is a guest, as the victim's entitlement to safety and security renders the offence more serious. This is distinguishable from cases where the offender and victim share the same home. The principle of finality may operate to refuse extensions of time to appeal even where a subsequent change in the law (such as Muldrock) would have affected the sentencing approach.
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