Wilson J's obiter analysis provides a detailed framework for arguing that s 21A(2)(eb) of the Crimes (Sentencing Procedure) Act 1999 should be construed to include offences committed in the victim's home by an offender lawfully present, not only by intruders. The issue remains open as it was not fully argued. On the facts, even under the narrow interpretation, the aggravating factor was properly found because the applicant's lawful status as a guest ended when the complainant asked him to leave prior to the offences.
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