A prospective employer may be in a position of trust in relation to a job applicant for the purposes of the s 21A(2)(k) aggravating factor, given the power imbalance and vulnerability inherent in the interview setting. The discretion under s 22 of the Crimes (Sentencing Procedure) Act 1999 (NSW) permits a sentencing judge to decline any utilitarian discount for guilty pleas entered partway through a trial, even where some utilitarian value is acknowledged. Where imprisonment is warranted for some offences in an aggregate sentence, indicative sentences for lesser offences may properly be expressed as imprisonment to maintain consistency.
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