The term 'culpability' in s 5(2)(d) of the Sentencing Act 1991 (Vic) is synonymous with 'moral culpability'; the absence of the word 'moral' in the provision is not significant. In blackmail cases, no useful distinction is drawn between pre-existing vulnerability and vulnerability created by the blackmail itself for the purpose of assessing the gravity of the offending. A sentence of three years' imprisonment for a single charge of blackmail involving persistent exploitation of acutely vulnerable victims, though stern, is within the available range.
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