A former domestic partner whose relationship has broken down and who remains in the victim's home only by sufferance does not occupy a 'position of trust' for the purposes of s 21A(2)(k) of the Crimes (Sentencing Procedure) Act 1999. Breach of bail and breach of an apprehended violence order are distinct concepts that may be taken into account separately without double counting, but care must be taken where the underlying conduct of the AVO breach overlaps with the conduct constituting the aggravating factor on the principal offence and the AVO sentence is accumulated.
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