Section 21A(2)(eb) of the Crimes (Sentencing Procedure) Act 1999 (NSW) is not limited to cases where the offender was an intruder; the aggravating factor that an offence occurred in the victim's home applies even where the offender was entitled to be at the home. The concept of 'home' extends beyond the physical residence to areas on the same premises reasonably adjacent to the building. The test for special circumstances requiring 'significant positive signs' of likely successful rehabilitation is not of universal application, particularly in cases involving long sentences. When backdating a sentence for pre-sentence custody, the preferable approach is to backdate by the period actually spent in custody from the date of sentence, not to the date of arrest where the offender was subsequently released on bail.
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