The examples of vulnerability in s 21A(2)(l) of the Crimes (Sentencing Procedure) Act 1999 (NSW) are illustrative, not exhaustive, and an elderly person living alone in social isolation without community support may be found to be a member of a vulnerable class. Where a sentencing pattern for historical offences of murder associated with sexual offences cannot be discerned, the sentencing judge should commence by reference to the maximum penalty and objective gravity. The Bugmy principles require a sufficient link between the deprived upbringing and the offending, and a difficult upbringing falling short of 'extreme violence and social deprivation' will not engage those principles.
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