A sentencing court cannot aggravate an offence under s 21A(2)(l) by taking judicial notice that Aboriginal women are less likely to complain of domestic violence due to a culture of silence and ostracism; whether the victim is a member of such a vulnerable class must be proved beyond reasonable doubt on the evidence in each case. However, a court may have regard to the serious problem of domestic violence in Indigenous communities as context relevant to general deterrence and community protection. Individual vulnerability arising from emotional dependency in a domestic relationship may be taken into account in assessing objective seriousness under general sentencing principles.
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