A sentencing judge may refer to a victim's vulnerability as an objective factor affecting the relative seriousness of an offence under s 21A(1)(c) of the Crimes (Sentencing Procedure) Act 1999 (NSW) without needing to invoke the specific aggravating factor in s 21A(2)(l), and without the Crown having raised vulnerability, provided the matters justifying the reference are obvious from the evidence. A finding of special circumstances is not rendered illusory by partial accumulation on a revoked parole period where the sentencing judge is conscious of the overall effect and the resulting parole period is adequate for the identified needs.
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