Section 21A(2)(eb) of the Crimes (Sentencing Procedure) Act 1999 (NSW) is not limited to circumstances where the offender was an intruder into the victim's home. The aggravating factor that an offence was committed in the home of the victim applies even where the offender was lawfully present, including in domestic violence cases where the offender and victim cohabited. The line of authority from R v Comert [2004] NSWCCA 125 confining the provision to intruder situations has been overruled. However, the mere fact an offence occurred in a home does not automatically engage the aggravating factor; the court must still assess whether it actually aggravates the offence in the particular case.
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